fbpx

CASE ENTRY

Valero Energy Corporation v. Environmental Protection Agency

42 U.S.C. § 7545(a)(2) would be a run-of-the-mill subsection of the Energy Independence and Security Act of 2007. Except that it doesn’t exist. Which is a problem because Congress mandates that the EPA periodically review the Act’s mandates, including the requirements of the nonexistent section (a)(2). EPA (2017): Our legal opinion is we should just ignore that section. D.C. Circuit: We don’t have jurisdiction to review that mere legal opinion.


Tags: 2019, Administrative Law, D.C. Circuit, EPA

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.

JOIN THE FIGHT!