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Outlook 2019

Justices Take Aim At ‘Deference,’ Signaling New Limits On EPA Discretion

January 02, 2019
Correction Appended The Supreme Court could issue a ruling as soon as this summer overturning a 21-year-old doctrine under which judges have given extensive deference to EPA and other agencies' interpretations of their rules, teeing up what court watchers say would be a major win for conservatives who have long sought to limit judicial deference to regulators. The ruling might come in the case Kisor v. Wilkie , which began as a dispute over veterans’ benefits but...

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