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D.C. DEPT. OF ENV'T. v. EAST CAPITOL EXXON

Nos. 11-AA-216, 11-AA-540.

64 A.3d 878 (2013)

DISTRICT OF COLUMBIA DEPARTMENT OF the ENVIRONMENT, Petitioner, v. EAST CAPITOL EXXON, Respondent.

District of Columbia Court of Appeals.

Decided April 25, 2013.

Attorney(s) appearing for the Case

Carl J. Schifferle , Assistant Attorney General for the District of Columbia, with whom Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for petitioner.

Before OBERLY and BECKWITH, Associate Judges, and PRYOR, Senior Judge.

BECKWITH, Associate Judge:

The District of Columbia Department of the Environment (DDOE) seeks review of an order of the Office of Administrative Hearings (OAH) dismissing one of three charged infractions against respondent East Capitol Exxon for alleged defects in the gas station's vapor recovery systems that violated the District of Columbia's air quality regulations. We hold that OAH must give the same deference that this...

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