Department of Transportation v. Public Citizen Page 2

Department of Transportation v. Public Citizen general information

Media for Department of Transportation v. Public Citizen

Audio Transcription for Oral Argument - April 21, 2004 in Department of Transportation v. Public Citizen

Audio Transcription for Opinion Announcement - June 07, 2004 in Department of Transportation v. Public Citizen

Clarence Thomas:

An agency must consider both direct and indirect emissions.

Since the emissions from the Mexican trucks would not occur at the same place and time as the issuance of the agency’s rules, they are not direct emissions.

And since the agency cannot practicably control or maintain control over these emissions, the emissions are not indirect.

The opinion of the Court is unanimous.