Jump to Navigation
Jump to Content

agency deference

Environmental Integrity Project v. United States Environmental Protection Agency

ELR Case

The Fifth Circuit upheld EPA's decision to reject a challenge to a CAA Title V permit it issued for expansion of a plant in Baytown, Texas. Environmental groups requested that EPA reject the permit on the grounds that the underlying...

Northern Alaska Environmental Center v. United States Department of the Interior

ELR Case

A district court denied environmental groups' motion for summary judgment in a challenge to BLM's 2017 lease sale of more than 10 million acres in the National Petroleum Reserve-Alaska (NPR-A). The groups challenged the agency's failure...

Montana Environmental Information Center v. Thomas

ELR Case

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality...

The Final Auer: How Weakening the Deference Doctrine May Impact Environmental Law

ELR Article

Throughout the past decade, the United States Supreme Court has questioned the constitutionality of affording deference to a federal agency’s interpretation of its own regulations. This level of deference originated with the Court’s...