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®: CRE Regulatory Action of the Week

D.C. Court Of Appeals Rules In Tozzi V. DHHS That When An Agency Issues A Pejorative Statement, The Statement Is Judically Reviewable: Major Implications For The Data Quality Act

This case holds that a corporation can sue when an agency makes a pejorative statement against a corporation, product, or person, before such a statement is incorporated in a final rule. This opinion will have a major impact on the Data Quality Law because an agency denial of a petition for correction will be reinforced by the standing and reviewability criteria in this opinion. Notwithstanding the courts deference to an agency's interpretation of its own rules, the opinion sets a major precedent on both a government-wide basis and for EPA's upcoming dioxin reassessment in particular.

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