The Prime Time Decision states that the DQA regulations are “binding”. The citation to “binding” in the court’s footnote is a reference to Mead which requires deferral to agency regulations having the “force of law.”
Therefore when one reads the Prime Time decision in total, the DC Circuit concludes that the DQA is reviewalble. The Department of Justice has informed the Court of their concern about the CRE conclusion, see http://thecre.com/pdf/20100603_Government_DQA_Appeal_to_Court.abrev.pdf
The reviewability of the DQA has particular significance with respect to EPA’s determination as to whether CCS (Carbon Caputure Sequestration) is a commercially viable technology for the control of greenhouse gases. See http://www.thecre.com/forum10/
Also see http://www.lexology.com/library/detail.aspx?g=6d6cc8c1-e3fb-495b-9462-e06190663ccd
