Bracewell’s Jeff Holmstead told E&E News not to expect a decision from the US Court of Appeals for the District of Columbia Circuit on the EPA’s rule to control greenhouse gas emissions from new gas and existing coal-fired power plants.
“I think everyone goes into it realizing that, ultimately, it’s highly unlikely we get a decision,” said Holmstead. None of the judges, he said, “will be eager to rush into an opinion that they don’t need to write.”
President-elect Donald Trump is widely expected to try and scrap the Biden-era power plant rule as part of the new administration’s deregulatory agenda.
Holmstead added that the parties are eager to be heard nonetheless. “The Biden administration has spent a lot of time and effort on the rule. … They want to defend it and make their arguments heard in court,” he said.
