Hall & Associates v. U.S. Environmental Protection Agency

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) HALL & ASSOCIATES LLC, ) ) Plaintiff, ) ) v. ) No. 15-cv-1055 (KBJ) ) U.S. ENVIRONMENTAL ) PROTECTION AGENCY, ) ) Defendant. ) ) MEMORANDUM OPINION “The selective refusal of administrative agencies to conduct their internal proceedings consistently with adverse rulings of the courts of appeals —a practice commonly termed agency nonacquiescence—is not new in American law.” Samuel Estreicher & Richard L. Revesz, Nonacquiescence by Federal Administrative Agencies, 98 Yale L.J. 679, 681 (1989). As far as this Court can tell, agencies…