American Petroleum Institute v. Johnson, 541 F. Supp.2d 165 (D. D.C. 2008)

Date of decision:

(EPA’s 2002 regulatory definition of “navigable waters” (40 C.F.R. §112) under the Clean Water Act found to be arbitrary and capricious and in violation of the Administrative Procedures Act; EPA failed to consider impact of 2001 U.S. Supreme Court opinion in SWANCC and regulation was, therefore, not a product of reasoned decision-making and must be set aside).

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