Suzanne Murray in Law360: Roberts Court Keeps Reins On EPA, But Not Too Tight


The U.S. Supreme Court’s Monday finding that the Environmental Protection Agency didn’t properly consider costs in an important air toxics rule continues the court’s pattern of ensuring the agency doesn’t stray too far afield from its statutory authority, while not completely obstructing its ambitious pollution control agenda...

And with Monday’s decision in Michigan v. EPA that forces the agency to consider costs before promulgating air toxics standards, it’s clear that the court is laying out its expectation that it’s going toseverely limit the deference granted to agencies under Chevron v. Natural Resources Defense Council going forward, according to Suzanne Murray, a partner at Haynes and Boone, LLP.

“I think there is an evolution here where the court is really saying that it is going to to significantly limit deference to an agency where it feels like the agency is substituting political or policy interpretations for more than just implementing congressional intent,” Murray said.

Excerpted from Law360. To read the full article, click here (subscription required).

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