Amici Curiae are law professors who research, teach, and write on federal environmental and administrative law. They are concerned in this case by the majority's conclusion below that issues related to the interpretation of ambiguous statutory language could be reached even though they were never raised during the rulemaking process. This conclusion is contrary to the clear language of the issue exhaustion requirement articulated in Section 307(d)(7)(B) of the Clean Air Act and contrary to the proper role of reviewing courts under Chevron. As a result, it could have far-reaching impacts for a wide array of administrative cases and agencies and should be corrected by the Court.
Amy J. Wildermuth and Sanne H. Knudsen, Amicus Curiae Brief of Law Professors on Issue of Exhaustion in Support of Petitioners. EPA v. EME Homer City Generation, 134 S.Ct. 1584 (2014) (Nos. 12-1182, 12-1183) (2013), https://digitalcommons.law.uw.edu/faculty-court-briefs/58