Legal observers expect the DC Circuit’s review of challenges to the Environmental Protection Agency’s (EPA) rescission of the endangerment finding to set the stage for a Supreme Court review that may be more favorable to the agency. This could include a scenario where the administration draws a supportive three‑judge panel that upholds EPA – a ruling that might ultimately create procedural risks.
“In some ways that’s the worst possible outcome for the Trump administration,” given that Trump officials have made it “pretty clear” their goal is to get the case in front of the Supreme Court, Bracewell’s Jeff Holmstead said on a recent appearance on the Columbia Energy Exchange podcast, as quoted by Inside EPA.
A DC Circuit panel ruling upholding EPA’s endangerment repeal could have the opposite effect, by ensuring that the dispute “almost certainly” undergoes en banc review by full appeals court – a review “likely to be much less sympathetic to the Trump administration,” Holmstead said.
