Association of Irritated Residents v. EPA
United States Court of Appeals for the District of Columbia Circuit
494 F.3d 1027 (2007)
Relevant factsFree
Lacking reliable methodology to measure animal-feeding-operation emissions, the EPA (defendant) entered thousands of consent agreements temporarily deferring enforcement in exchange for civil penalties funding research and allowing facility monitoring; community and environmental groups (plaintiffs) petitioned for review, arguing these agreements were unlawfully-issued rules requiring notice-and-comment rulemaking.
IssueFree
Whether an agency's entry into agreements to defer the agency's enforcement of certain statutory provisions constitutes rulemaking that is subject to judicial review.
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