Lawyers See Potential Mootness, Standing Precedents In EPA GHG Case

October 17, 2022
Former Justice Department (DOJ) lawyers say the Supreme Court’s broad but little-noticed interpretation of standing in in its landmark ruling in West Virginia v. EPA could aid intervenors looking to appeal adverse rulings over agency rules, even if the agency has already agreed to withdraw or rewrite the policy at issue. In addition, these attorneys are also citing the high court’s decision as a “sleeper ruling” concerning whether the controversy in a case can be shown to be “moot.”...

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