John Rousakis

December 19, 2018 | New York Law Journal

It is not unusual for inexperienced political appointees to lead the charge on matters beyond their depth of expertise. Nonetheless, as we learned in past cases, agencies are allowed to change and even repeal their own rules, as long as they can show they have a rational basis for doing so. Given the sheer number of federal environmental rule repeals currently in process, and the variety of jurisdictions in which they are pending, the Administration's opponents are likely to succeed. Whether they can sustain those victories in light of agency-friendly jurisprudence will have significant consequences for the future of environmental law, and the environment.

By John Rousakis

15 minute read