High Court Urged To Uphold Strict Test For Acting EPA Officials' Eligibility

摘要

A medical firm is calling on the Supreme Court to uphold a strict test for when nominees to high-ranking positions at EPA and other agencies may serve as acting officials in the same roles, saying the Department of Justice's (DOJ) argument for a more lenient standard ignores the law's plain text and takes a misleading view of its history. In a Sept. 19 merits brief to the high court in National Labor Relations Board (NLRB) v.SW General, the respondent, an ambulance operator, says DOJ has offered no convincing argument for reading the 1998 Federal Vacancies Reform Act (FVRA) to generally allow pending nominees to serve as acting officials. A federal appeals court in 2015 sided with SW General in setting the stringent test for such an outcome.