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McClatchy Washington Bureau
McClatchy Washington Bureau
National
Stuart Leavenworth

Kavanaugh in line to decide 'sleeper case' that could rein in EPA, other agencies

WASHINGTON _ Conservative groups and jurists, including U.S. Supreme Court nominee Brett Kavanaugh, have long advocated restricting the latitude of the Environmental Protection Agency and other federal agencies to set rules and regulations, beyond what Congress has specifically authorized.

They may have that chance this fall. The Supreme Court has agreed to hear an obscure case, Gundy v. United States, with implications for the federal bureaucracy, including agencies that set rules for pollution, wildlife protection and food safety.

Numerous business-backed groups _ including the Cato Institute, Competitive Enterprise Institute and Pacific Legal Foundation _ have filed briefs in the case, hoping it will help advance their goal of "shrinking the administrative state." Kavanaugh, if confirmed to the court before its next term starts, could cast a decisive vote.

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