EPA Critics Cite Regulatory Changes In ?? Deference

摘要

Industry, states, local governments and others are invoking EPA's changes to its readings of Clean Air Act permit rules, Clean Water Act (CWA) jurisdiction tests and other policies in briefs urging the Supreme Court to scrap deference to agencies on such regulatory interpretations, saying these changes should require notice-and-comment rulemaking. EPA's critics are among those that filed more than two dozen amicus briefs this week with the high court in Kisor v. Wilkie, where a Marine Corps veteran is seeking to overturn the doctrine that mandates judicial deference to agencies' "reasonable" interpretations of their rules.