GOP's Push To Narrow EPA Deference Faces Unclear High Court Outcome

摘要

The Supreme Court's upcoming term could reshape judicial principles on deference to EPA and other agencies about their interpretations of law and regulatory text, given the GOP push to narrow or scrap precedents on the subject, observers say, but the fact that deference now benefits the Trump administration could blunt that effort. Court watchers say that with the confirmation of Justice Neil Gorsuch — who has sharply criticized judicial deference to executive agencies — litigants are now likely to call on the Supreme Court to take up cases that directly target precedent on the subject, and to focus on it in suits that might otherwise turn on separate issues.