September 16, 2026

In Split, Judges Float Competing Tests For Suits On Deregulatory Guides


August 20, 2019 at 05:10 PM
Federal appellate judges, in a split decision on an EPA policy memo, are outlining competing tests for how judges should assess whether OSHA and other agency guidance is a “final action” subject to court review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.”

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