NATIONAL COAL ASSN.
v.
NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL.; AND ALABAMA POWER CO. ET AL. V. NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL.

U.S. | 1991-01-24
Nos. 90-257; No. 90-558
498 U.S. 1075 Supreme Court of the United States (1991) Positive Treatment
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  • …ch situations, this court is to “deter to the agency’s interpretation of equivocal evidence, so long as it is reasonable.” NRDC, Inc. v. EPA, 902 F. 2d 962, 968 (D.C.Cir.1990), vacated, in part, dismissed, 921 F. 2d 326 (D.C.Cir.), certs. dismissed, 498 U.S. 1075, 111 S.Ct. 806, 112 L.Ed.2d 865, cert. denied, 498 U.S. 1082, 111 S.Ct. 952, 112 L.Ed.2d 1040 (1991). While this court should not defer to the agency where it “simply has not exercised its expertise,” Public Citizen Health Research Group v. Tyson,…

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