Here is the opinion in Resisting Environmental Destruction on Indigenous Lands v. EPA.
From the court’s syllabus:
The panel denied a petition for review, and upheld a decision of the Environmental Protection Agency granting two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels.The panel upheld the EPA’s statutory and regulatory interpretations. Specifically, the panel held that 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, and concluded under Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984), deference that the EPA’s construction of the statute was permissible and reasonable. The panel also held that the EPA’s grant of a 500 meter ambient air exemption was not plainly erroneous or inconsistent with the EPA’s regulations.
Related opinion from last December here.
Turtle Talk 