Another View Of Sotomayor’s Enviro Record

Law360, New York (June 11, 2009, 12:00 AM EDT) -- I was very surprised to read the June 9 Law360 guest column characterizing Judge Sotomayor’s Riverkeeper v. EPA, 475 F.3d 83 (2007) opinion, particularly the cost-benefit analysis portion of the opinion, as indicating “a willingness to question and possibly overturn the agency's rulemaking decision, notwithstanding the deference customarily afforded an expert agency interpreting a technical statute.”

Because about half the column was devoted to this case, and may have left readers with an inaccurate impression, I was moved to respond.

Before a court considers whether to...
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