Hollingsworth LLP Files Cert Petition Challenging EPA’s Territorial Overreach.
news | December 23, 2014
Notwithstanding the acknowledged territorial limits on its enforcement authority, EPA fined Volvo over $62 million for nonroad engines that were both manufactured and sold abroadon the ground that they did not meet EPA’s emission standards. On behalf of Volvo, Hollingsworth LLP has filed a petition for writ of certiorari with the United States Supreme Court challenging EPA’s territorial overreach.
The questions presented in the petition are:
1. Whether EPA exceeds its regulatory authority under the Clean Air Act by imposing more than $62 million in penalties for foreign engine emissions based on a consent decree that limits EPA’s enforcement power to the territorial reach of the Act.
2. Whether a court violates its obligation to ensure that a consent decree furthers the objectives of the statute being enforced by construing consent decree provisions contrary to incorporated statutory language.
Click here to read the cert petition.