TITLE

Lack of Deference: The Ninth Circuit's Misstep in NRDC v. EPA

AUTHOR(S)
Trott, Adam
PUB. DATE
May 2009
SOURCE
Ecology Law Quarterly;2009, Vol. 36 Issue 2, p355
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Prior to 2005, the Environmental Protection Agency had a long-standing policy that the statutory exemption from regulation of oil and gas facilities did not include the emission of sediment from related construction activities. The Energy Policy Act of 2005 changed the definition of "oil and gas facilities" to include these related activities. Essentially reasoning that such expansion of the Clean Water Act would be meaningless unless it applied to the most common emission from construction activities-sediment-EPA changed its policy to exempt some types of sediment from regulation. The Natural Resources Defense Council challenged this new policy, arguing that this change was arbitrary and capricious due to the long-standing nature of the previous policy, such that the new policy was an "impermissible interpretation. "In NRDC v. EPA, the Ninth Circuit agreed in a split decision. This Note suggests that the Ninth Circuit did not properly apply Chevron deference and overstepped its bounds by becoming a policy-making body. While EPA is rule may not be environmentally optimal, EPA is a political branch. Where, as here, the mandate from Congress is ambiguous, EPA should be held accountable by the voters, not by the courts. Since the interpretation was reasonable on its face, it should have been upheld.
ACCESSION #
43800533

 

Related Articles

  • Impaired Water Body Status May Cause Decline In Property Value.  // Land Use Law Report;2011, Vol. 39 Issue 3, p3 

    The article discusses a court case wherein the U.S. Court of Appeals for the Ninth Circuit held that Barnum Timber Co. has standing to file a lawsuit against the Environmental Protection Agency (EPA). The company attributed a decline in the value of its property to an EPA decision to list a...

  • EPA's Fuzzy Bright Line Approach to Residual Risk. Jackson, Alex // Ecology Law Quarterly;2009, Vol. 36 Issue 2, p439 

    Since its passage in 1970, section 112 of the Clean Air Act (CAA) has regulated the health risks associated with exposure to hazardous air pollutants (HAPs). Risk managers at the Environmental Protection Agency (EPA) entrusted with implementing section 112, however, often know little about the...

  • ASPHALT RAIN: CLEANER ROADS AHEAD. Douglas, Joanne // Onearth;Fall2006, Vol. 28 Issue 3, p43 

    The article reports that the Natural Resources Defense Council has won a lawsuit against the Environmental Protection Agency, forcing the agency to set specific standards to control stormwater runoff in the U.S. The agency will study the best available technologies and require their use during...

  • Natural Resources Defense Council v. EPA, 529 F.3d 1077 (D.C. Cir. 2008). Butler, Alexis // Tulane Environmental Law Journal;Dec2008, Vol. 22 Issue 1, p171 

    The article discusses a petition filed to the U.S. Court of Appeals District of Columbia by the Natural Resources Defense Council and Louisiana Environmental Action Network against the Environmental Protection Agency (EPA). It explains that the petition concerns the issuance order regarding the...

  • IN BRIEF. GARRETT, THEODORE L. // Trends (15339556);Jan/Feb2011, Vol. 42 Issue 3, p10 

    The article offers news briefs related to court cases. In the case, Celanese Corp. v. Martin K. Eby Construction Co., the U.S. Fifth Circuit Court ruled that defendant was not liable for a methanol pipeline damage. In the case McEvoy v. IEI Barge Services Inc., the court ruled out air pollution...

  • WINTER V. NRDC: THE NAVY, SUBMARINES, ACTIVE SONAR, AND WHALES--AN ANALYSIS OF THE NINTH CIRCUIT REVIEW AND THE ROBERTS COURT EXTENSION OF THE MILITARY DEFERENCE DOCTRINE'. McCarty, Richard T. // Houston Law Review;Jun2010, Vol. 47 Issue 2, p489 

    The article presents an analysis on the decision of the U.S. Court of Appeals for the 9th Circuit in a dispute involving the Natural Resources Defense Council (NRDC) and the U.S. Navy. It highlights the failure of the Navy in meeting the requirements of the National Environmental Policy Act of...

  • NRDC Sues EPA to Block Nanopesticide Approval. SISSELL, KARA // Chemical Week;2/6/2012, Vol. 174 Issue 4, p12 

    The article reports on a law suit filed by the Natural Resources Defense Council (NRDC) to obstruct the U.S. Environmental Protection Agency's (EPA) conditional approval of nanosilver antimicrobial materials.

  • Lower Court Holding.  // Supreme Court Debates;Nov2006, Vol. 9 Issue 8, p229 

    An excerpt from the opinion written by circuit judges of the Ninth Circuit U.S. Court of Appeals on the case "Mathew Musladin v. Warden Anthony Lamarque" is presented.

  • National security v. workers' health.  // ABA Journal;Apr98, Vol. 84 Issue 4, p43 

    Reports about the affirmation of dismissal by the 9th US Court of Appeals based in San Francisco, California on the case `Kasza versus Browner.' Claims and allegations of the plaintiffs against the Environmental Protection Agency (EPA) and military officials; Role of the state secrets privilege...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics