National Ass'n of Clean Water Agencies v. Environmental Protection Agency

How courts have described this case

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

• noting, in section 7429 case, that “Congress gave EPA broad discretion in considering whether to go beyond-the-floor”
• “[H]aving decided to account for variability, and having decided to estimate that variability, EPA bears the burden of demonstrating with substantial evidence that its estimate is reasonable.”
• rejecting agency rule under APA substantial evidence standard where group challenging rule presented credible evidence contrary to agency findings and agency offered only “mere assertion” that rule accounted for contrary evidence in reply
• \[I]t seems EPA has adopted yet another interpretation of the phrase ‘average emissions limitation achieved by the best performing 12 percent of units.' \ (emphasis added)
• “EPA’s subcategorization authority under § 112 involves an expert determination, placing a heavy burden on a challenger to overcome deference to EPA’s articulated rational connection between the facts found and the choice made.”
• “In some cases, redundancy may reflect the broad purpose of a congressional statute.”

Source: CourtListener parenthetical corpus (CC0).