The American Lung Assn. has asked the U.S. Supreme Court to review a lower court ruling that the U.S. Environmental Protection Agency overstepped it authority with new air pollution rules.
In its petition, the Lung Assn. argued that a federal appeals court erred last May when it said that standards set by EPA two years earlier constituted an "unconstitutional delegation of legislative power."
"We believe that the court of appeals misread the U.S. Constitution and the Clean Air Act and should be reversed," said Ernest Franck, Lung Assn. president.
The appeals court decision did not set aside the new ozone standards, but said they could not be enforced under the clean air law.
That ruling was hailed as a victory by the American Trucking Assns. and other industry groups that filed suit against EPA. Compliance, they said, would cost trucking $45 billion a year.