Virginia v. Environmental Protection Agency
Petition for certiorari denied on October 15, 2013.
Issue
(1) Whether Virginia and other petitioners below demonstrated that there was evidence of central relevance to the EPA"s Endangerment Finding not available during the comment period such that the Administrator was obligated to convene a proceeding for reconsideration with procedural rights of notice and comment; (2) whether the EPA correctly applied the standard for demonstrating central relevance; (3) whether the EPA erred when it found the objections material enough to require resort to extensive new evidence outside of the record while denying the rights of notice and comment on that evidence; and (4) whether the EPA erred initially and on Petition for Reconsideration by delegating its Statutory Authority to outside entities.
Recommended Citation: Virginia v. Environmental Protection Agency, SCOTUSblog, https://www.scotusblog.com/cases/virginia-v-environmental-protection-agency/