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Tuesday, December 04, 2012

Courts - More on: SCOTUS to hear cases on water runoff this week

Updating this ILB entry from Monday, the oral argument on "stormwater discharges through logging-road ditches and culverts" took a surprising turn, as explained in this SCOTUSblog post by John Elwood - a quote:

As it happens, the Court spent little time at argument Monday on any of the questions it granted cert. to decide, and instead devoted nearly the entire hour to discussing a new rule EPA promulgated unexpectedly on Friday – just days before argument, and likely after all of the advocates had completed their moot courts. And it seems to be a foregone conclusion that that Rule, which is so new it hasn’t yet made its way into the Federal Register (and even the version posted on the EPA website is labeled “not the official version”), will determine the outcome of these cases.
[More] For rulemaking geeks, this article by Lawrence Hurley and John McArdle, E&E reporters, headed "High Court puts spotlight on speed of rulemaking ," is absolutely fascinating. Hijinks involving the timely publication, or not, of the Unified Agenda of Regulatory and Deregulatory Actions?

Posted by Marcia Oddi on December 4, 2012 07:12 PM
Posted to Courts in general