Bracewell’s Jeff Holmstead offered an optimistic view to Inside EPA about the possible scenario in which critics appeal an adverse decision by the DC Circuit over the EPA’s power plant greenhouse gas rule.
“Knowing that there are three justices who seem to believe the rule is probably unlawful means we have to feel optimistic,” said Holmstead
Justice Clarence Thomas said he would have stayed the rule, while Justices Brett Kavanaugh and Neil Gorsuch wrote that opponents of the rule “have shown a strong likelihood of success on the merits as to at least some of their challenges.”
