A coalition of industry groups is backing government arguments to the Supreme Court that regulated industries may more easily bring facial challenges to EPA and other agency rulemakings than environmentalists and other third parties,although the coalition in a recent brief urges the court to provide clear guidance on the issue. Among the issues in the case,Priscilla Summers,et al.v.Earth Island Institute,et al.,is when parties may file suit challenging a regulation on its face.The case also involves questions over environmentalists' standing to challenge federal regulations and whether a district court can issue a national injunction against implementing a regulation.The Supreme Court's ruling could set a precedent on all these issues under the Administrative Procedure Act (APA) that would broadly apply to challenges of environmental regulations.
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