Kyla Bennett, the policy director with the Public Employees for Environmental Responsibility, and a former EPA scientist, said she suspects the agency and the justice department will, in effect, try to lose the case.
“The DOJ could stop defending and do a shitty job and make the court say: ‘These limits aren’t science-based,’ then strike them down,” Bennett said. It would then be up to legal intervenors like NRDC to defend the rules.