Despite the Supreme Court’s decision not to freeze the Biden administration’s carbon emissions rules for power plants, Bracewell’s Jeff Holmstead told Axios that when reading the tea leaves it “doesn’t exactly bode well for EPA,” noting three justices have signaled that they think the rule is unlawful.
“If the next administration doesn’t revoke the rule and the DC Circuit upholds it, it will almost certainly go to the Supreme Court, and I think other justices will be skeptical of it, too.”
That said, Holmstead noted that granting such stays is exceedingly rare.
