High Court’s Narrow ‘Deference’ Standard May Limit EPA Policy Reversals

The Supreme Court’s June 2019 decision curtailing judicial deference to agencies’ regulatory interpretations could make EPA’s efforts to reverse prior policies through new guidance vulnerable to court challenges because judges read it as bolstering limits on “unfair surprise” to stakeholders, attorneys say. Even though judges have yet to decide a major EPA case on the basis of the high court’s decision in Kisor v. Wilkie , judges ruling on other matters of administrative law, including cases over immigration and labor...