Why the rush without public scrutiny? The agencies cite “good cause” under the Administrative Procedure Act to speed things up, as their tweaks post-Sackett “do not involve the exercise of the agencies’ discretion,” sparing the regulated community any burdens.
However, the initial rule version from January faced a storm of litigation. Courts halted its implementation in 27 states. With cases pending in Texas, North Dakota, and the Sixth Circuit, all eyes remain riveted on the ripple effects of this freshly-minted rule.