|
|
|
 |
|
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.
|
®:
CRE Regulatory Action of the Week