EPA Critics Float New Strategy To Challenge Agency Rules Using Data Law

Backed by former White House regulatory review officials, a free-market advocate is proposing a new legal theory to allow states and private companies to sue EPA based on alleged violations of the Information Quality Act (IQA) in the development of a host of rules, dodging the long-standing holding that IQA violations are immune from judicial review. Federal courts have long held that private plaintiffs lack standing to challenge agency actions under the IQA, finding that the law lacks an explicit...