Chesapeake Action Network v EPA: Court Tells EPA to Reconsider Rule Because Petitioners Did Not Have a Fair Opportunity to Comment

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.