High Court's View of EPA Deference Unclear After Mercury Pollution, Health Care Rulings

摘要

It's unclear how much deference the Environmental Protection Agency should expect to receive in the future from courts when the agency interprets statutory language, attorneys told Bloomberg BNA. A string of recent decisions from the Supreme Court has called into question how much leeway the EPA and other federal agencies have when interpreting ambiguous statutory language, which lawyers said may indicate a shift in how courts oversee agency decisions. James Rubin, counsel at Dentons US LLP, said that it is "pretty plain to see" that recent decisions on the Affordable Care Act and the EPA's mercury and air toxics standards indicate a potential shift in the amount of deference agencies can expect.