Just days before Neil Gorsuch will plunge into the U.S. Supreme Court’s menu of regulatory challenges, a Washington federal appeals judge on Tuesday turned to the newest justice to bolster her own concerns about the deference that courts give to agencies’ interpretation of their rules.
The U.S. Court of Appeals for the D.C. Circuit, in the case Waterkeeper Alliance v. Environmental Protection Agency, took up a challenge to an environmental rule about certain reporting requirements associated with the air pollutants from animal waste. (Spoiler alert: the agency lost. The court vacated the rule.)
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