The solicitor general has suggested the Supreme Court that it review an appeals court decision that vacated the Environmental Protection Agency's regulation that formerly clarified the secured lender exemption under the Comprehensive Environmental Response, Compensation and Liability Act.
The SG action considered a rarity raises substantively the odds that the Supreme Court will review the ruling, according to banking industry lawyers. The Supreme Court is more likely to grant certiorari and review the case if the government says it wont object, said David T. Buente Jr. of Sidley and Austin in Washington, lawyer for the Commercial Finance Association, one of the trade groups that is asking the Supreme Court to review the ruling. That carries great weight with the court. The case is American Bankers Association et al, vs. Frank J. Kelly, attorney general of the state of Michigan., 94-752. It seeks high court review of a March ruling by a panel of the U.S. Court of Appeals for the D.C. Circuit. The panel split, 2-1, on the case with then-Chief Judge Abner Mikva issuing a strong dissent. The full court, however, declined to review the case.