The Science Rule is Scrapped
Yesterday, I blogged about last week's ruling in Montana that EPA's newly-promulgated rule governing what scientific data can be considered in future rulemakings violated the APA. Today, the court remanded the rule to EPA after EPA asked for a voluntary remand. It was promulgated on January 6, 2021, and it's already dead. I suspect this is the path EPA will take with many of the other recent Trump era rulemakings such as the WOTUS rule and the 401 cert. rule.
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