Protection of Judicial Review Watered Down in D.C. Circuit

Partner Richard Stoll authored an article published in Bloomberg BNA: Daily Environment Report on May 16, 2014, titled “Protection of Judicial Review Watered Down in D.C. Circuit.” In the article Stoll highlighted the harsh results for regulated parties stemming from the recent ruling by U.S. Court of Appeals for the District of Columbia Circuit in Utility Air Regulatory Group (UARG) v. EPA. In that ruling, the court refused to entertain an industry challenge to a final rule provision that had not first been proposed, because the industry parties had not objected to the un-proposed rule provision during the public comment period. The final rule provisions thus remain in full force and effect. As Stoll commented, industry parties can now be punished for their “failures of telepathy and/or prophesy.”