EPA Moves to Dismiss its Position in Key Mercury Case Before the Supreme Court

While the Obama administration’s legislative agenda in regards to climate change is still in its infancy, the administration has already moved to reconcile the differences between its views and the current position of government in important environmental litigation. The first of those moves came today, when Solicitor General Elena Kagan moved to dismiss the Environmental Protection Agency (EPA) ’s position in EPA v. State of New Jersey. The Solicitor General’s move in this case, which will affect the implementation of the Clean Air Mercury Rule, represents a fairly dramatic change in policy for the EPA, and likely means that the case will not be granted certiorari and recieve Supreme Court review.

Read a more complete discussion of this issue at SCOTUSblog.com.

For further information about this topic, please contact Akin Gump.



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