In UARG, the Court considered whether the Environmental Protection Agency (EPA) had reasonably interpreted the Clean Air Act to require permits for stationary sources of greenhouse gases once those air pollutants were regulated under a separate provision of the Act addressing mobile sources.
In this rendering, the Court's decision in UARG could be understood as faulting EPA not for delivering a regulatory punch, but for pulling one.
By comparison, the American Electric Power and UARG opinions were relatively small potatoes.
UARG was more significant than American Electric Power, but it likewise reaffirmed the Massachusetts holding.
strikes down an EPA interpretation, it might at first glance be read as an aggressive form of judicial review in tension with Entergy and EME Homer.
In UARG, the EPA proposed a program that would be unrecognizable to
might be found, we can infer from API and UARG that the "obligated
possibility that in the wake of the Supreme Court's UARG
That said, other aspects of the UARG opinion should trouble anyone concerned about Supreme Court jurisprudence or judicial deference to agency authority.
Worse, by inventing this previously nonexistent interpretive presumption, the UARG opinion not only risks misinterpreting Congress's intent, but undermines the separation of powers principle that: "'Congress, when it [leaves] ambiguity in a statute' administered by an agency, 'understands] that the ambiguity [will] be resolved, first and foremost, by the agency, and desire[s] the agency (rather than the courts) to possess whatever degree of discretion the ambiguity allows.
13/07/1998 Access to GR Ministerial Proposal of Regulation regulations Resolution 620 Date of release 7/7/1997 N/A National MAVDT MAE: UARG
authority Associated Ministerio del Interior IEPI, MRECI.
32) Similarly, Brown & Williamson, on which both UARG
and King relied, applied the major questions doctrine within the two-step framework--at Step One.