News & Analysis as of

Environmental Protection Agency (EPA) Agency Deference

Perkins Coie

Supreme Court To Review Critical Case on Deference to Administrative Agencies

Perkins Coie on

Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to hear case that could upend power of federal regulatory agencies

As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more

Mintz

Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case

Mintz on

Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old precedent compelling the Judiciary to defer to Executive Branch interpretations of laws it is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Major Source Determination/Clean Air Act: Federal Appellate Addresses Whether State Agency's Interpretation Entitled to Deference

The United States Court of Appeals, Eight Circuit (“Eight Circuit”) addressed in a November 22nd Opinion whether a lignite coal mine obtained the correct Clean air Act (“CAA”) permit. See Voigt v. Coyote Creek Mining Company,...more

Foley Hoag LLP - Environmental Law

Will The PM NAAQS Be the Real End of Agency Deference?

According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two years, I guess I had not...more

Pillsbury - Gravel2Gavel Construction & Real...

Two Decisions by Federal Appeals Courts Uphold Agency Deference

Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more

Snell & Wilmer

Should Congress End Agency Deference?

Snell & Wilmer on

At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in...more

Foley Hoag LLP - Environmental Law

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

Williams Mullen

Environmental and Industry Groups Challenge EPA Coal Ash Rule

Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

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