DC Circ. Questions Deferring To EPA On Hardrock Mining Rule

By Juan Carlos Rodriguez (March 13, 2019, 9:35 PM EDT) -- D.C. Circuit judges on Wednesday grappled with whether the Trump administration had authority to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts.

During oral arguments Circuit Judges Thomas Griffith and David Sentelle peppered Earthjustice attorney Amanda Goodin, who represents several environmental groups challenging the rollback, on whether the EPA is entitled to deference on its interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, which is the basis of the proposed rule.

"We live in the world of Chevron for better for worse," Judge Griffith said to Goodin, referencing...

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