3 ms·
If anything, Loper would make it easier for the Forest Service, since it was the reissue of the (long-expired) permit in 2018 that would fail court examination
by gamblor956 2y ago
If anything, Loper would make it easier for the Forest Service, since it was the reissue of the (long-expired) permit in 2018 that would fail court examination as "arbitrary and capricious." And that permit was only for 5 years, so the re-issued permit expired in 2023. No matter how the law is interpreted, BlueTriton does not currently have a valid permit to take water from this spring.
The Forest Service order is just the second order barring them from using this water; the California water board has already issued a cease-and-desist, and Loper would have no affect on that order.