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Administrative Law Keyed to Lawson
Chevron USA v. Natural Resources Defense Council, Inc
Facts
The EPA promulgated a regulation permitting States to adopt a plant-wide definition of the term “stationary source.” This definition allowed an existing plant that contained several pollution-emitting devices to install or modify one piece of equipment without a permit if the overall plant emissions were not increased by the alteration-a “bubble” concept. National Resources Defense Council, Inc. (Respondents) petitioned for review in the Court of Appeals for the District of Columbia Circuit, and the Court of Appeals set aside the regulation. The Amendments were lengthy, detailed and complex. They did not disturb the prior definition of “stationary source;” but did add a new definition for “major stationary source.” The legislative history of the amendments contained no specific comment on the “bubble concept” or the question of whether a stationary source was permissible under the permit program.
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