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“The Department cannot issue standards that effectively bar products with different ‘performance characteristics,’ ” Solicitor General John Sauer wrote in a brief to the high court.
The Trump administration had asked the Supreme Court to overturn the ruling.
Sauer said the Trump administration is seeking ways to eliminate rules from the Biden administration that are in dispute in the case. “The Department has determined the rules at issue are factually and legally flawed, and the agency is considering a new rulemaking in which it would correct those errors,” Sauer wrote.
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