Hoisted by its own petard: D.C. Circuit finds that EPA’s own regulations prevent the agency’s inconsistent application of a judicial decision

EPA’s controversial practice of declining to apply unfavorable judicial decisions outside of the jurisdictions in which they were issued finally caught up with the agency last week.  In Nat’l Envtl. Dev. Ass’n’s Clean Air Project v. EPA, No. 13-1035 (D.C. Cir. May 30, … Continue reading