Scalia Misquotes Himself In Botched EPA Dissent

Law360, New York (April 30, 2014, 7:16 PM EDT) -- U.S. Supreme Court Justice Antonin Scalia's scathing dissent of the U.S. Environmental Protection Agency's air policy in Tuesday's cross-state pollution ruling contained a major factual error about the agency's prior position on cost-effective regulation, misquoting a 2001 decision that Justice Scalia himself wrote.

In a section titled, "Plus Ca Change: EPA's Continuing Quest for Cost-Benefit Authority," Justice Scalia claimed the EPA had already attempted to use cost as a factor in developing air rules, but was shot down by the court in Whitman v. American Trucking Associations Inc. It was the trucking group rather than EPA, however, that actually wanted costs...

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