Supreme Court Urged To Scrap 'Egregiously Wrong' Deference To Agencies

摘要

The Supreme Court is facing calls to end its long-standing precedent deferring to EPA and other agencies' interpretations of their own rules, with a critic's opening legal brief urging the justices to scrap the "egregiously wrong" precedent because it allows regulators to change rules on a whim without notice-and-comment rulemaking. "This is a rare circumstance in which overruling precedent is warranted. When examined on the merits, it is clear that both Seminole Rock and Auer are egregiously wrong," reads the Jan. 24 opening merits brief filed by the petitioner in Kisor v. Wilkie. The brief is available on InsideEPA.com. (Doc .ID: 218543)