United States Ninth Circuit
Resisting Envtl. Destruction on Indigenous Lands v. U.S. Envtl. Prot. Agency, 12-70518
An environmental group's petition for review of the Environmental Protection Agency's (EPA) decision granting two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels, is denied where: 1) the Clean Air Act is ambiguous as to the applicability of the best available control emissions to support vessels not attached to an Outer Continental Shelf source; 2) under Chevron deference, the EPA's construction of the statute was permissible and reasonable; and 3) the EPA's grant of 500 meter ambient air exemption was not plainly erroneous or inconsistent with the EPA's regulations.
Appellate Information
- Decided 12/26/2012
- Published 12/26/2012
Judges
- McKeown
Court
- United States Ninth Circuit