September 14, 2020

Max Kelln Quoted by Law360 on Recent Controversial EPA Rulemaking

Law360 reports that the U.S. Environmental Protection Agency (EPA)'s new rule aimed at making its guidance easier to track is being praised for improving transparency, though some industry insiders told the legal industry publication that more public and judicial scrutiny of future agency guidance could make it harder to receive clarity from the EPA.

In the article “EPA's Guidance Rule Improves Access But Creates Questions,” Law360 turned to Max Kelln, co-leader of Faegre Drinker’s environment and energy practice, for insight on the rule.

Kelln told the publication that the rule isn't going to "put the genie back in the bottle" in terms of the agency creating and relying on guidance.

Kelln said that where the rule could make a difference is in the pace at which different administrations can reverse a previous administration's policies, something he said his clients have noted seems to be harder and harder to keep up with.

"Hopefully, with this policy that appears to pump the brakes a little bit on the issuance of significant guidance by making it subject to notice and comments, that whiplash from administration to administration is a little bit slower," Kelln said.

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