June 3, 2020
In Split, Judges Float Competing Tests For Suits On Deregulatory Guides
Federal appellate judges, in a split decision on an EPA policy memo, are outlining competing tests for how judges should assess whether OSHA and other agency guidance is a “final action” subject to court review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.” “[W]e note that we are under no illusion that this opinion will be the Rosetta Stone of understanding the nature of agency action,” Judge Robert...
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