By Steve Milloy ——Bio and Archives--December 11, 2011
Global Warming-Energy-Environment | CFP Comments | Reader Friendly | Subscribe | Email Us
… EPA asserts it could not delay finalizing the NESHAP rule until after it promulgated a definition of solid waste. EPA insists such a delay would have been harmful to air quality and health. Perhaps. But reasoned decisionmaking is not a dispensable part of the administrative machine that can be blithely discarded even in pursuit of a laudable regulatory goal. “The importance of reasoned decisionmaking in an agency action cannot be over- emphasized. When an agency . . . is vested with discretion to impose restrictions on an entity’s freedom to conduct its business, the agency must exercise that discretion in a well- reasoned, consistent, and evenhanded manner.”This noteworthy dicta from the D.C. Circuit may very well reflect a court newly skeptical of EPA — a circumstance that may bode well for other ongoing litigation involving the agency, including the greenhouse gas and cross-state air pollution regulations.
View Comments
Steve Milloy publishes JunkScience.com and GreenHellBlog.com and is the author of Green Hell: How Environmentalists Plan to Control Your Life and What You Can Do to Stop Them