In Michigan v. EPA, 135 S. Ct. 2699 (2015), the Supreme Court held that the cost of regulation is an essential factor that EPA must consider when deciding whether to regulate. According to the Court, “[a]gencies have long treated cost as a centrally relevant factor when deciding whether to regulate.” In subsequent regulatory proceedings, however, EPA has offered different views as to what Michigan’s cost mandate means.
Continue Reading The Role of “Cost” Consideration in Regulatory Proceedings
