EPA Critics Cite High Court 'Deference' Statements To Oppose Major Rules

Supreme Court justices' recent statements highlighting an increasing divide on the court about the level of deference to give EPA and other agencies in their statutory and regulatory powers are already being cited by plaintiffs and others to argue for stricter judicial oversight of EPA rules including a fuels testing policy and its utility climate rules. For example, in a March 12 letter to the U.S. Court of Appeals for the District of Columbia Circuit, ethanol groups challenging the fuels...