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2003-2004 Preview U.S. Sup. Ct. Cas. 1 (2003-2004)

handle is hein.journals/prvw30 and id is 1 raw text is: '~7.,*cWhJ< I COVERING THE COURT'S ENTIRE OCTOBER CALENDAR OF CASES, INCLUDING ... ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION V. ENVIRONMENTAL PROTECTION AGENCY ET AL. Under the Clean Air Act, many states are delegated authority to make permitting decisions, including determining the best available control technology (BACT) for new or modified pollutant-emitting facilities in areas with clean air. In this case, the Supreme Court addresses the question of whether the U.S. Environmental Protection Agency can issue a stop-construction and noncompliance order based on what it finds to be an unreasonable BACT decision made by the State of Alaska, which had been delegated permitting authority under the Clean Air Act. RAXTHEON COMPANY V. HERNANDEZ When a former employee sought to be rehired by a missile systems company after being allowed to quit in lieu of discharge for testing positive for cocaine, he learned that the company had an unwritten policy of never rehiring employees it had terminated for violating company rules. The Supreme Court is now asked to decide whether the Americans with Disabilities Act requires employers to consider rehiring rehabilitated former employees who are now drug-free and applying for a new job.

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