Supreme Court’s handling of visa case may be harbinger for EPA rule

Daniel Farber quoted in Greenwire, July 24, 2014

Dan Farber … said an argument seeking to undermine the regulations because of the two versions of Section 111(d) has a “gotcha quality” that he expects will fail. “Recent cases,” he said, “show that the court is willing to abandon that kind of formalism when it leads to outcomes that don’t seem sensible in terms of congressional purpose.”