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Administrative Procedure & Practice

B. FORMAL OR INFORMAL ADJUDICATION

Page 198: Update: Seacoast Anti-Pollution League v. Costle was formally overruled by Dominion Energy Brayton Point v. Johnson, 443 F.3d 12 (1st Cir. 2006), using an analysis contained in Chemical Waste Management, Inc. v. U.S. Environmental Protection Agency on page 204. The First Circuit relied on National Cable & Telecommunications Ass’n v. Brand X Internet Services, 545 U.S. 967 (2005), see page 152, to conclude that the court in Seacoast had not made a definitive interpretation of the word hearing in the Clean Water Act. The Ninth Circuit’s decision in Marathon Oil Co. v. EPA, 564 F.2d 1253 (9th Cir. 1977), reaching the same conclusion for similar reasoning continues formally in effect.