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agency interpretation

Natural Resources Defense Council v. U.S. Department of the Interior

ELR Case

A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental" taking of migratory birds. Environmental groups and...

Valero Energy Corp. v. Environmental Protection Agency

ELR Case

The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for...

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...