Bracewell’s Jeff Holmstead told CNN he believes the Environmental Protection Agency is trying a legal argument that is carefully threading a needle – not explicitly asking the Supreme Court to overrule its previous ruling in Massachusetts v. EPA, while also getting it to handicap the agency’s ability to regulate greenhouse gases for years to come.
And Holmstead believes the jury is out on whether the current Supreme Court could find that convincing.
“I’m not saying that the Trump administration will definitely win, but I think opponents are whistling past the graveyard if they say, ‘oh, it’s a slam dunk for us,’” Holmstead said. “I think there are good legal arguments on both sides.”
