ALASKA WILDERNESS LEAGUE; Center for Biological Diversity; Natural Resources Defense Council; Northern Alaska Environmental Center; Pacific Environment; Resisting Environmental Destruction On Indigenous Lands; Sierra Club; The Wilderness Society, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Shell Offshore Inc., Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Ignacia S. Moreno and Angeline Purdy (briefed and argued), Assistant Attorneys General, United States Department of Justice, Environment and Natural Resources Division; Alexander Fidis , Office of Regional Counsel, Region 10, United States Environmental Protection Agency; David Coursen , Office of General Counsel, United States Environmental Protection Agency, for Respondent.
Cameron M. Leonard , Senior Assistant Attorney General, Office of the Attorney General of Alaska, Fairbanks, AK, for Amicus Curiae State of Alaska.
Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and N. RANDY SMITH, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
N.R. SMITH, Circuit Judge:
42 U.S.C. § 7661c(e) is ambiguous as to whether "increment" requirements are "applicable" to a temporary source like Shell Offshore, Inc.'s ("Shell") drill vessel Kulluk. Accordingly, we defer to the EPA Environmental Appeals Board's ("EAB") reasonable interpretation of § 7661c(e). See Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc.,467 U.S. 837, 104 S.Ct....
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