Alaska Wilderness League v. United States Environmental Protection Agency

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. 2778, 81 L.Ed.2d 694 (1984). The EAB reasonably concluded that Shell need not analyze the Kulluk’s potential impact on increment before obtaining an oil exploration permit. We also deny the petition…