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Hancock v. Train, 426 U.S. 167 (1976)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hancock v. Train, 426 U.S. 167 (1976)
Hancock v. Train No. 74-220 Argued January 13, 1976 Decided June 7, 1976 426 U.S. 167
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Although § 118 of the Clean Air Act obligates federal installations discharging air pollutants to join with nonfederal facilities in complying with state "requirements respecting control and abatement of air pollution," obtaining a permit from a State with a federally approved implementation plan is not among such requirements. There cannot be found in § 118, either on its face or in relation to the Act as a whole, nor can there be derived from the legislative history of the Clean Air Amendments of 1970, any clear and unambiguous declaration by Congress that such federal installations may not operate without a state permit. Nor can congressional intention to submit federal activity to state control be implied from the claim that under the State’s federally approved plan it is only through the permit system that compliance schedules and other requirements may be administratively enforced against federal installations. Pp. 178-199.
497 F.2d 1172, affirmed.
WHITE, J., delivered the opinion of the Court in which BURGER, C.J., and BRENNAN, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. STEWART and REHNQUIST, JJ., filed a dissenting statement, post, p. 199.
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Chicago: U.S. Supreme Court, "Syllabus," Hancock v. Train, 426 U.S. 167 (1976) in 426 U.S. 167 426 U.S. 168. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LF4EAMU62BSRYBQ.
MLA: U.S. Supreme Court. "Syllabus." Hancock v. Train, 426 U.S. 167 (1976), in 426 U.S. 167, page 426 U.S. 168. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LF4EAMU62BSRYBQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Hancock v. Train, 426 U.S. 167 (1976). cited in 1976, 426 U.S. 167, pp.426 U.S. 168. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LF4EAMU62BSRYBQ.
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