Environmental Policy : The State Of Michigan And The Environmental Protection Agency

884 WordsMar 10, 20174 Pages
Environmental policy has always been an important topic in American politics. The landmark case between the state of Michigan and the Environmental Protection Agency arose the recurring question as to whether, and to what extent, agencies should account for the cost of engaging in environmental regulation and public health. This has not been the first time the Supreme Court has had to deal with such issue, in fact this has been the fifth time the court has had to intervene in a related matter. In this specific case of the state of Michigan and the Environmental Protection Agency, the Court ruled that cost considerations were very much required under certain provisions of the Environmental Protection Agency itself and sections of the Clean…show more content…
Chevron, which guides judicial review of agency statutory interpretations, holds that courts must defer to reasonable agency constructions of ambiguous statutory language. These potential doctrinal developments could create big problems for agencies tasked with improving public health and the environment. For starters, at a minimum, agencies pursuing ambitious agendas in these areas may be slowed down by the need to consider cost at each statutorily prescribed stage of the regulatory process; second, and more importantly, these agencies may be halted altogether by courts striking down regulations as arbitrary and capricious. Because agencies may see Michigan as requiring them to consider cost at each stage of multistage regulatory processes (processes in which agencies must make threshold decisions whether to regulate) followed later by setting standards those processes may take more time. Agencies may no longer assume, as EPA did in Michigan, that considering cost only at the standard-setting stage is sufficient to withstand attack in litigation. These additional cost calculations will inevitably demand time and resources, adding burden to already strapped agencies.
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