US V. Magnesium Corp. — Don't Panic

Law360, New York (September 28, 2010, 1:21 PM EDT) -- A recent Tenth Circuit decision could have an impact on companies that rely on a federal agency's interpretation of its own regulation. In United States v. Magnesium Corporation of America, et al., (10th Cir. Aug. 17, 2010), the court held that the U.S. Environmental Protection Agency’s prior interpretation of ambiguous language contained in its own regulation was a tentative one, and accordingly, the agency was free to change its mind and issue a new interpretation of its regulation without notice and comment.

The court’s holding will...
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