• Mark Ryan

EPA Asks DOJ to Put a Hold on Litigation

There's a new sheriff in town. According to reports in The Hill and Environment 360, EPA's acting General Counsel has sent a letter to DOJ asking it to put the breaks on all litigation defending Trump-era rules. This would include the WOTUS rule and the 401 cert. rule among others.

The letter states: “This will confirm my request on behalf of the U.S. Environmental Protection Agency (EPA) that the U.S. Department of Justice (DOJ) seek and obtain abeyances or stays of proceedings in pending litigation seeking judicial review of any EPA regulation promulgated between January 20, 2017, and January 20, 2021.”

This is not surprising. As I have written several times in the past, EPA will likely stop defending these rules and perhaps ask for a voluntary remand. Industry groups have intervened in most of these lawsuits, and will likely pick up the shield to defend against the enviro groups and state AGs that make up most of the plaintiffs.

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