Implications Of EPA Clean Air Act Cost-Benefit Rule: Part 1

Law360 (November 16, 2020, 6:10 PM EST) -- It has been 20 years since the U.S. Supreme Court oral argument in Whitman v. American Trucking Associations Inc.,[1] a case in which Justice Antonin Scalia wrote for a unanimous court that the Clean Air Act forbids consideration of costs in setting ambient air quality standards.

Now, as Justice Amy Coney Barrett, an acolyte of Justice Scalia, is seated, the U.S. Environmental Protection Agency has proposed — and is shortly expected to finalize — detailed regulatory requirements for cost-benefit analysis for all significant regulations under the Clean Air Act, whether or not the statute provides for, or requires, consideration of costs...

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