Bracewell’s Jeff Holmstead told Inside EPA that it’s “highly unlikely” the DC Circuit rules on the EPA’s greenhouse gas rule for power plants before the Trump administration takes over on January 20.
It appears to be a similar scenario in unrelated litigation in the DC Circuit testing EPA’s authority to reconsider particular matter (PM) and other air quality standards. The suit, Commonwealth of Kentucky v. EPA, focuses on EPA’s rule tightening national ambient air quality standards (NAAQS) for PM.