A flood of litigation from the energy industry and Republican-led states that threatens to undermine the EPA is now in front of the Supreme Court.
The Court’s “shadow docket” includes an effort to block new Clean Air Act standards from taking effect and prevent the Biden/Harris administration from enforcing these rules.
These lawsuits seek to bypass the Supreme Court’s normal process (which usually includes many months of briefing, oral arguments, and reviewing the trial record – hence, “shadow docket”) and instead make a flash decision on some of the most critical environmental issues facing our country - notably our clean air and water standards.
The Supreme Court could make a decision on these matters any day now and have more recently shown a willingness to intervene in lower court decisions through emergency orders rather than following the standard court process.
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