Analysis

EPA's Guidance Rule Improves Access But Creates Questions

Law360 (September 14, 2020, 9:53 PM EDT) -- The U.S. Environmental Protection Agency's new rule aimed at making its guidance easier to track is being praised for improving transparency, though experts say more public and judicial scrutiny of future agency guidance could make it harder to get clarity from the EPA.

The final rule makes regulatory, statutory and technical guidance documents accessible online — a relief to industry players used to digging through dusty file cabinets for obscure but important actions. EPA Administrator Andrew Wheeler said Monday the rule also will clarify which of the thousands of old guidance documents are still in effect, and require public input into...

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