How Agencies Reverse Policy – Stays, Remands & Reconsideration


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Since the presidential transition, EPA and other agencies have used a variety of tools to change policies and regulations. Three common tools they have used are stays, remands, and reconsideration. Agencies administratively stay the effective date of rules preventing them from going into effect, seek voluntary remand of rules in litigation to revisit rules administratively while avoiding a judicial decision, and administratively reconsider rules. Some of these actions have been the subject of the heated litigation, and the courts have acted to constrain agency discretion, including in an important D.C. Circuit decision rejecting EPA’s stay of the oil and gas methane rule (Clean Air Council v. Pruitt, no. 17-1145). Our expert panelists will discuss the use of these legal tools in changing agency policy, and offer cutting-edge perspectives from the government, the private sector, and the environmental advocacy community.

Speakers:
**Megan Berge, Baker Botts LLP
**Ethan Shenkman, Arnold & Porter
**Susannah Weaver, Donahue & Goldberg
**Prof. William Buzbee, Georgetown University Law Center (Moderator)

This event is open to the public, but you must register with the DC Bar (if you are not a DC Bar member, you will need to create an “account” before registering).

Location

D.C. Bar Conference Center
1101 K Street, NW
Washington DC 20005

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