Decker, Oregon State Forester v. Northwest Environmental De — Scalia, J., Concurring in Part and Dissenting…

Summary

Justice Scalia joins Parts I and II of the opinion but dissents from Part III, where the Court defers to the EPA's interpretation of its own regulations. He argues that Auer deference should be reconsidered as it violates separation of powers, and based on a textual reading of the regulations, he would affirm the judgment below.