Government
Mar. 30, 2013
EPA 'legislation by memo' comes under fire
In short, a court stated that the EPA cannot create its own regulations and that exceed its statutory authority by the creation of memos and guidance. By Christopher W. Smith and Steven L. Hoch
On March 25, the 8th U.S. Circuit Court of Appeals, in a matter of first impression, has significantly restrained the U.S. Environmental Protection Agency following and administrative appeal from what practitioners have often referred to as "legislation by memo." In Iowa League of Cities v. EPA, No. 11-3412, the 8th Circuit reviewed the authority behind two memos authored by the EPA addressing two aspect...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In