Supreme Court Rulings May Boost 'Deference' Challenges In EPA Rule Suits

EPA is already facing litigation invoking recent Supreme Court decisions that denied judicial deference to the administration's positions on power plant air emissions standards and on health care to bolster claims that lower courts should not defer to the agency's other rules, beginning with its Clean Water Act (CWA) policy on water transfers. In two July 23 letters to the U.S. Court of Appeals for the 2nd Circuit, New York state argues that the high court rulings in Michigan, et...