{"title":"Chesapeake Action Network v EPA: Court Tells EPA to Reconsider Rule Because Petitioners Did Not Have a Fair Opportunity to Comment","authors":"A. Gershonowitz, Brian Kennedy","doi":"10.1080/10406026.2020.1814023","DOIUrl":null,"url":null,"abstract":"Abstract This article examines the decision in Chesapeake Action Network v. Environmental Protection Agency, and its impact on regulated parties. The key issues addressed are whether a party may comment on a proposed regulation then later claim they lacked the information required to make an informed comment; when does an agency’s failure to provide the reasoning for a proposed rule serve as sufficient grounds to reopen the comment period; and how should regulated parties conduct themselves during a public comment period.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1814023","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Claims Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10406026.2020.1814023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Environmental Science","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article examines the decision in Chesapeake Action Network v. Environmental Protection Agency, and its impact on regulated parties. The key issues addressed are whether a party may comment on a proposed regulation then later claim they lacked the information required to make an informed comment; when does an agency’s failure to provide the reasoning for a proposed rule serve as sufficient grounds to reopen the comment period; and how should regulated parties conduct themselves during a public comment period.
期刊介绍：
The Environmental Claims Journal is a quarterly journal that focuses on the many types of claims and liabilities that result from environmental exposures. The ECJ considers environmental claims under older business insurance policies, coverage and claims under more recent environmental insurance policies, as well as toxic tort claims. Exposures and claims from all environmental media are considered: air, drinking water, groundwater, soil, chemicals in commerce and naturally occurring chemicals. The journal also considers the laws, regulations, and case law that form the basis for claims. The journal would be of interest to environmental and insurance attorneys, insurance professionals, claims professionals, and environmental consultants.
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