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DOJ: EPA guidance documents are not enforceable rules

from JD Supra

Companies regulated by the Environmental Protection Agency have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid judicial review of such expansions. Moreover, regulated parties often argue that EPA rigidly enforces such guidance as binding federal rules, but ignores such guidance when it likes. Without expressly referencing EPA, the Department of Justice has now taken action that will make it harder for such alleged misuse to occur. more

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