Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice

    Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice

    Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice

    Program Overview: The recent Supreme Court decision in NEDC v. Decker has important implications, especially for practitioners in the fields of environmental law, stormwater permitting, and forest resources. The decision also has broader implications for the standard courts will use to evaluate agencies' interpretations of rules ...
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    Program Overview:
    The recent Supreme Court decision in NEDC v. Decker has important implications, especially for practitioners in the fields of environmental law, stormwater permitting, and forest resources. The decision also has broader implications for the standard courts will use to evaluate agencies' interpretations of rules and regulations. In Decker, the Supreme Court upheld the EPA's interpretation of its silviculture rule regulations, which exempt certain logging activities from National Pollutant Discharge Elimination System (NPDES) requirements. On the issue of what level of court deference to agencies' interpretation of their own regulations, strongly worded dissents and concurrences signaled that the Court may soon revisit and revise its approach in the issue. Justices are positioning themselves to move away from well-established and deferential Auer deference to some new, more rigorous standard. This QT will discuss the Decker decision and its implications for environmental, stormwater, and administrative law. Additionally, the panelists will discuss recent decisions from federal courts that address similar issues.

    Product Details

    Sponsors

    National Conference of the Administrative Law Judiciary, Section of Administrative Law and Regulatory Practice, Section of Environment, Energy, and Resources, Section of Litigation, Section of Real Property, Trust and Estate Law, Young Lawyers Division

    Product Code

    5350244AUD

    Publication Date

    4/1/2013 12:00:00 AM

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