Dominion Energy Brayton Point, LLC v. Johnson, 443 F.3d 12 (1st Cir. 2006)

This case relies heavily on a Chevron analysis, which we will delve into in Part 5 of this Casebook. The takeaway here is how language is interpreted to avoid formal adjudications. In this case, the EPA was not required to engage in the laborious formal adjudication process that would involve a full-blown evidentiary hearing because its enabling statute required the EPA to engage in adjudications that provided "an opportunity for a public hearing." The stuate did not indicate the magic words that would require a formal adjudication: "determined on the record after opportunity for an agency hearing."

This case resembles, Florida East Coast Railway, which we read earlier this semester. Florida East confronted the issue of whether formal rulemaking was required, determining that the enabling statue also lacked the magic words "required by statute to be determined on the record."