EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it:

I've noted in the past that good lawyering matters. Why do I repeat that now? Because I think that Judge Bailey probably got this one wrong, but EPA and DOJ did nothing to help the government's cause and much to harm it. What did they do wrong?

• First, EPA failed to acknowledge that in the early 1970s, EPA actually performed such analyses – before § 321 was even added to the CAA! – but EPA stopped for reasons EPA cannot even determine. That EPA previously performed such analysis sure makes it look as though EPA recognized their utility and their feasibility.