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Feb 22, 2016

Ninth Circuit Outlines Standard for Agency Reversal of Policy

With an election year comes speculation about who will win the Presidency and whether the new Administration could reverse some of the more controversial programs of the Obama Administration, including those being pursued by the EPA.  Should that happen, a decision last summer by the Ninth Circuit Court of Appeals, en banc, in Organized Village of Kake v. U.S. Department of Agriculture, No. 11-35517, July 29, 2015, http://cdn.ca9.uscourts.gov/datastore/opinions/2015/07/29/11-35517.pdf, could provide guidelines for evaluating such reversals.  The case involved a Bush Administration effort to reverse the Clinton Administration’s “Roadless Rule”, promulgated in 2001, just days before the change in administration.  In… Read more