If ever there was a case to win on this theory, this is it.

Importantly, Heckler leaves open the door for judicial review "where it could justifiably be found that the agency has 'consciously and expressly adopted a general policy' that is so extreme as to amount to an abdication of its statutory responsibilities."

Heckler itself acknowledges that the presumption is rebuttable, and that "Congress did not set agencies free to disregard legislative direction in the statutory scheme that the agency administers.”

The full book, which focuses on The International Air Pollution provision of the Clean Air Act, is available here:

Lots of direction for deregulation in "Unleasing American Energy." It revokes Biden's EOs on climate, environment, environmental justice, energy, and resource management. And it directs CEQ to rescind the NEPA regs (which is counterproductive at best.) There's more, but enough for now. 7/7

The Army Corps of Civil Engineers, asked to help cut regulatory corners, has emergency regs that apply to "very serious situations that could result in the loss of life, the loss of property, and/or a significant economic hardship if steps to remedy the situation are not immediately pursued." 6/7

There is no explicit emergency provision in FOOGLRA (Federal Onshore Oil and Gas Reform Act), so the Dept of Interior will have to look at what basis it would have under its statutory authority to in some way increase or expedite lease sales. Not a strong case to be made in supoort of that here. 5/7