From the Fivehouse v. DoD filing, 2025:
See Ohio Valley Environmental Coalition v. Aracoma Coal Co., 556 F.3d 177, 192 (4th Cir. 2009) ("Agency determinations regarding the scope of their own benefit programs and administrative procedures are entitled to controlling weight where the regulatory scheme is complex and the agency has developed specialized expertise in its administration.").
The citation passed. The claim failed.
Ohio Valley Environmental Coalition v. Aracoma Coal Co. is a real Fourth Circuit case — but this holding was never written by any judge.
Confirmed: 556 F.3d 177 (4th Cir. 2009) · Clean Water Act § 404 mining permits · Quoted text not found in opinion
The AUSA resigned.