Courts Less Deferential to Regulatory Agencies, GMU Forum Told
Jul.08.2015 — Oil & Gas Journal, Bloomberg BNA
Kirsten L. Nathanson, a Washington, D.C.-based Environment & Natural Resources partner, shares her perspective on the significance of recent U.S. Supreme Court case rulings during a panel hosted by the George Mason University School of Law's Law and Economics Center. Nathanson observed that in a 5-4 vote, the justices said EPA's estimated $9.6 billion/year of costs and $4-6 million/year of benefits from the regulation was a gap that was too big to ignore. "This was the first time the court required consideration of costs when Congress was silent," she said. Panelists discussed and examined precedent set by decisions in cases such as Michigan v. EPA, Util. Air Regulatory Grp. v. EPA, and King v. Burwell.