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· 7/7/2009

Catawba County v. Environmental Protection Agency

Citations

  • 571 F.3d 20
  • 387 U.S. App. D.C. 20
  • 39 Envtl. L. Rep. (Envtl. Law Inst.) 20143
  • 69 ERC (BNA) 1033
  • 2009 U.S. App. LEXIS 14948

How courts have described this case

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

  • holding that an agency memorandum that “explain[ed] the process [the] EPA suggests for states to follow” and “merely reiterate[d] the statutory requirements” was nonbinding and not final
  • explaining that ambiguity in the statutory text “suggest[s] a congressional intent to leave unanswered questions to an agency’s discretion and expertise”
  • noting that agencies “have an obligation to deal with newly acquired evidence in some reasonable fashion”
  • noting that section 107(d) does not define “nearby,” and that it is “the kind[ ] of word[ ] that suggests] a congressional intent to leave unanswered questions to an agency’s discretion and expertise”
  • finding that EPA acted arbitrarily and capriciously where the agency’s “rhetorical revision of its characterization” of data “[was] not justified by any change in the underlying data”
  • noting that section 107(d) does not define “nearby,” and that it is “the kind[] of word[] that suggest[s] a congressional intent to leave unanswered questions to an agency’s discretion and expertise”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tatel, Garland, and Griffith, Circuit Judges

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.