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· 2/16/2005

Alliance to Protect Nantucket Sound, Inc. v. United States Department of the Army

Citations

  • 398 F.3d 105
  • 35 Envtl. L. Rep. (Envtl. Law Inst.) 20040
  • 2005 A.M.C. 1126
  • 2005 U.S. App. LEXIS 2661
  • 2005 WL 357636

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “[n]othing in the CEQ regulations requires circulation of a draft EA for public comment, except under certain ‘limited circumstances,’ ” and rejecting Anderson’s contrary language as dicta
  • finding that a data tower proposal was not without precedent because similar intrusions existed in Martha's Vineyard
  • finding that a data tower proposal was not without precedent because similar intrusions existed in Martha’ s Vineyard
  • declining to defer to an agency's interpretation of a law it found to clearly express legislative intent
  • “[D]eference is not due to interpretations that are post hoc rationalizations offered by an agency seeking to defend past agency action against attack.”
  • \The most dispositive indicator of congressional intent is the conference report.\ (quoting United States v. Commonwealth Energy Sys. & Subsidiary Cos., 235 F.3d 11, 16 (1st Cir. 2000))

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Coffin, Lynch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.