"WASHINGTON — A three-judge panel appeared divided Thursday on President Trump’s effort to repeal his predecessor’s regulations on planet-warming emissions from the power sector and replace them with far weaker controls.
The United States Court of Appeals for the District of Columbia panel, with two judges named by President Barack Obama and one by President Trump, could well agree to block the Trump administration’s plan, but the issue is almost sure to reach the Supreme Court if Mr. Trump is re-elected.
Even if Mr. Trump loses next month, the arguments by the Environmental Protection Agency laid the groundwork for a protracted legal war over future administrations’ ability to cut the pollution responsible for climate change from the power sector, the country’s second largest source of greenhouse gas emissions.
At stake is whether the Trump administration can lock in an extremely narrow interpretation of the Clean Air Act by persuading judges that the federal government does not have the authority to set national restrictions on carbon emissions or force states to move away from coal-fired power."
Lisa Friedman reports for the New York Times October 8, 2020.
SEE ALSO:
"EPA: D.C. Circuit's Newest Judge Takes Aim At Obama Carbon Rule" (E&E News)
"Court Prods EPA Authority, Questions Climate Rule’s Adequacy" (Bloomberg Environment)
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