Eighth Circuit: State of Nebraska v. EPA

Environment, Administrative

Agency's lack of deference to state findings on costs accrued by different methods of pollution abatement was per se not an abuse of discretion, given that the Act contemplates more than ministerial approval.

Federal agency's regional rule that incorporates a national standard is not barred from review as a national rule, since the agency has not found it to be a national rule.  The expertise involved mandates deference to the agency's findings, which are not an abuse of its discretion.

http://media.ca8.uscourts.gov/opndir/16/02/123084P.pdf