Alaska Wilderness League v. United States Environmental Protection Agency
Opinion
Opinion
Smith, J.
42 U.S.C. § 7661c(e) is ambiguous as to whether “increment” requirements are “applicable” to a temporary source like Shell Offshore, Inc.’s (“Shell”) drill vessel Kulluk. Accordingly, we defer to the EPA Environmental Appeals Board’s (“EAB”) reasonable interpretation of § 7661c(e). See Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984). The EAB reasonably concluded that Shell need not analyze the Kulluk’s potential impact on increment before obtaining an oil exploration permit. We also deny the petition for review of the Environmental Protection Agency’s (“EPA”) exemption of a 500-meter radius surrounding the Kulluk from ambient air quality standards, because the decision was “a permissible application of the EPA’s regulations.” See Resisting Envtl. Destruction on Indigenous Lands, REDOIL v. EPA, 716 F.3d 1155, 1158, 1160-61 (9th Cir.2013).
FACTS AND PROCEDURAL HISTORY
A. Statutory and Regulatory Background
The Clean Air Act (the “Act”) imposes responsibility on both federal and state regulators to control and improve the nation’s air quality. Alaska, Dep’t of Envtl. Conservation v. EPA 298 F.3d 814, 816 (9th…