EPA Vehicle Rule Offers Model For ‘Major Questions’ Rebuttal, Expert Says

EPA’s rebuttal against claims that its passenger vehicle emissions standards violate the “major questions” doctrine, which cites statutory mandates and past agency practice, represents an “impressive” defense, according to one legal expert who adds that the arguments should serve as a model for other agencies defending against similar attacks. “EPA’s thorough analysis also offers a critical roadmap for Department of Justice litigators who will soon brief this issue. Other agencies should study EPA’s approach and follow suit,” argues Max Sarinsky,...