Former EPA Counsel Sees Broad Precedent From ‘Good Neighbor’ Rule Stay

The Supreme Court appears poised to issue a historic emergency stay of EPA’s “Good Neighbor” Clean Air Act rule and in doing so would reset the landscape for administrative law, potentially setting precedents by considering facts that occurred after a rule was finalized and by considering costs in a stay, says Kevin Minoli, who served as EPA’s principal deputy general counsel and is now a partner at Alston & Bird. The case, Ohio v. EPA , “is shaping up to...