Industry lawyers warn that EPA’s sweeping proposal that power plant greenhouse gases do not “significantly contribute” to harmful emissions may violate the Supreme Court’s decision in Loper Bright v. Raimondo, which directed courts to interpret the “best” reading of a statute.
“A court may question whether the best reading of the statute allows EPA to put substantial weight on policy preferences” when making that determination – “especially when that when those policy preferences may cut against the overall purpose” Bracewell’s Brittany Pemberton said during a July 8 webinar, as quoted by Inside EPA.
Also quoted from the webinar, Bracewell’s Jeff Holmstead said such a reliance on administration priorities is “puzzling” given Trump officials’ interest in ensuring no future administration can issue strong GHG regulations after the Trump administration scraps the current rules.
