Perspective
Apr. 21, 2012
Courts begin to question EPA authority
By Stephen T. Holzer
Since the inception of the federal Environmental Protection Agency some four decades ago, the Courts have generally deferred to the agency as to how best to enforce the Clean Water Act and the Clean Air Act. However, three recent court decisions have sent a strong signal that judicial deference may have reached its limits.
Take the March 21 decision in Sackett v. Environmental Protection Agency, for example. A couple be...
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