In a 5-4 decision, the Supreme Court ruled Jan. 21 that EPA has authority to overrule a state construction permit that, as judged by the agency, violates air quality standards.
In doing so, the court rejected the Alaska Department of Environmental Conservation’s claim that EPA lacked the authority to block construction of a power plant at Teck Cominco Alaska Inc.’s Red Dog Mine, the world’s largest zinc mine, located in northwest Alaska. (Cominco sought more generating capacity to expand zinc production by 40 percent.)