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Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
San Diego Journal of Climate & Energy Law
This Article is organized as follows: Part I reviews the case law and commentary on judicial review of agency shifts in policy or practice, focusing on the technocratic case for deference and how recent political realities call such deference into question. Part II sets forth the background and history regarding fuel economy standards, leading to the Obama Administration’s adoption of standards in 2012 and the “midterm” review of those standards that Obama’s EPA declared final as of January 2017. Part II also reviews the legal issues surrounding Trump’s EPA’s “re-opening” of the midterm review. We suggest how courts could, and …