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HANCOCK v. TRAIN

No. 74-220.

426 U.S. 167 (1976)

96 S.Ct. 2006

48 L.Ed.2d 555

HANCOCK, ATTORNEY GENERAL OF KENTUCKY v. TRAIN, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, ET AL.

Supreme Court of United States.

Decided June 7, 1976.

Attorney(s) appearing for the Case

David D. Beals, Assistant Attorney General of Kentucky, argued the cause for petitioner. With him on the briefs were Ed W. Hancock, Attorney General, pro se, and David C. Short, Assistant Attorney General.

Deputy Solicitor General Friedman argued the cause for respondents. On the brief were Solicitor General Bork, Assistant Attorney General Johnson, Deputy Solicitor General Randolph, Jacques B. Gelin, Robert L. Klarquist, Robert H. Marquis, Herbert S. Sanger, Jr., and Beauchamp E. Brogan.*

MR. JUSTICE WHITE delivered the opinion of the Court.

The question for decision in this case is whether a State whose federally approved implementation plan forbids an air contaminant source to operate without a state permit may require existing federally owned or operated installations to secure such a permit. The case presents an issue of statutory construction requiring examination of the Clean Air Act, as amended, 42 U. S. C. § 1857 et seq., and its...

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