October Term 2003 · Docket 02-658
Can EPA override Alaska's air permit decisions?
Alaska claims EPA illegally overrode its local air permit choices.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Alaska's lawyer argued Congress trusted states to set local air priorities.
EPA's lawyer argued federal law requires stopping invalid permits.
chief_justice_rehnquist
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 41-45 — Transcript, file page 50, lines 41-45
A citizen's guide to the whole case
What this case is about
Alaska argues EPA lacks power to replace state air permit judgments. EPA argues it must enforce federal air quality standards.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
How the case got here
The Supreme Court heard oral argument in this case on October 8, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
Alaska wants the Court to strike down the EPA's override.
EPA wants the Court to uphold its enforcement authority.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What each side says
Alaska argues Congress gave states sole authority over local air permits.
EPA argues federal law requires uniform enforcement of air standards.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 50, lines 41-45 — Transcript, file page 50, lines 41-45
Why it matters
This case defines the balance of power between state and federal environmental regulators.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 41-45 — Transcript, file page 50, lines 41-45
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 27, lines 7-41 — Transcript, file page 27, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.