Interpreting the Clean Air Act After Chevron’s Demise

Interpreting the Clean Air Act After Chevron’s Demise

Last week, the Ninth Circuit decided Committee for a Better Arvin v. EPA, which is both a significant air pollution case and an interesting case study in how the Supreme Court has changed judicial review of agency actions. The case was brought by a group in Arvin, CA, a small city near Bakersfield. When an area has failed to attain the air quality required by the Clean Air Act, special “nonattainment” provisions go into effect. In particular, th…