DOJ Cites High Court Auer Ruling In Defending Vapor Intrusion Site Listing

Just weeks after the Supreme Court narrowly backed the doctrine that mandates judicial deference to EPA and other agencies, the Justice Department (DOJ) is citing the decision in an effort to bolster its defense against a lawsuit by industry groups attempting to strike down one of EPA’s first Superfund listings based solely on vapor intrusion. DOJ, on behalf of EPA, filed a July 11 letter to the U.S. Court of Appeals for the District of Columbia Circuit to advise the...