Kevin Minoli, an Alston & Bird Environmental, Land Use & Natural Resources partner and former acting general counsel at the Environmental Protection Agency (EPA), was interviewed in a POLITICO article, “The Ballad of Loper Bright” (subscription required), discussing how courts are applying the Supreme Court’s Loper Bright decision to agency rulemaking. While some observers have interpreted the ruling as limiting an agency’s authority when a statute is ambiguous, “That is not what Loper Bright says,” Kevin explained.
Kevin also discussed a recent D.C. Circuit decision upholding the Biden-era particulate matter standard and how Loper Bright can limit an agency’s ability to change course once a court has identified the best reading of the law. “There’s no room for a revised interpretation by the agency anymore under Loper Bright,” he said.