· 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 CourtListenerSourced 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.