Divisions Over EPA’s PM Plan Raise Questions Over D.C. Circuit Deference

Legal experts say unprecedented divisions between EPA, its own staff, scientific advisers and advocacy groups make it likely the agency will face a lawsuit if it finalizes its plan to retain the suite of particulate matter (PM) air limits and that the fate of the rule could depend on how much deference a key federal appeals court gives EPA. “How much deference does EPA get when it ignores the recommendation of the overwhelming weight of mainstream science?” asks attorney Seth...