11th Circuit May Test Reach Of Agency ‘Deference’ In Wake Of Kisor Ruling

A pending challenge to a Department of Health and Human Services’ (HHS) liver transplant policy in the U.S. Court of Appeals for the 11th Circuit may be the first appellate case to test the reach of judicial deference courts grant EPA and other agencies to interpret their regulatory authority under the high court’s recent ruling on the issue. In Randall Callahan, et al. v. HHS , patients and transplant centers are appealing to the 11th Circuit a lower court decision...