High Court's Denial Of Labor Case Leaves Path Open For Stormwater Suits

摘要

Industry is still seeking a lawsuit that could act as a vehicle to test arguments in favor of overturning the wide deference courts grant EPA and other agencies to interpret their rules, after the Supreme Court let stand a closely watched labor ruling that raised the deference question - potentially clearing a path for two pending Clean Water Act (CWA) suits that have been seen as likely test cases. "We were hoping this would be a good opportunity. I guess not enough justices agreed. Now we're back to the drawing board, so to speak," says an industry attorney close to Peri and Sons Farms v. Riviera, et al., in which the high court rejected cert in June 23 orders.