The Chevron Doctrine’s Gone, but the APA Lives On
Many speculated on just how much Loper Bright Enterprises v. Raimondo ( Loper Bright ) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect may be milder than expected . Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) t ested how a post- Chevron world could look under judicial review of agency decisions. In a unanimous decision on August 13, 2024, the court upheld EPA’s tighter emission standards of Miscellaneous Organic Chemical Manufacturing facilities under the Administrative Procedures Act (APA). Miscellaneous Organic Chemical Manufacturing Facilities manufacture a variety of products such as antifreeze, plastics, adhesives, and other common products found in everyday life. Under section 7412 of the Clean Air Act, EPA is required to tighten emissions standards if it determines that certain emissions pose an unacceptable risk to public health. After findin...