Presidential Election Could Affect Air Cases at High Court

By Amena H. Saiyid, Bloomberg BNA.

July 28 — The outcome of the presidential election could determine whether the U.S. Supreme Court will revisit two pivotal Clean Air Act cases that deal with power plant regulations for greenhouse gases and air toxics, an attorney said during an American Bar Association webinar July 28.

The Clean Power Plan (RIN:2060-AR33), which limits carbon dioxide emissions from the power sector, is currently stayed by the U.S. Supreme Court while the U.S. Court of Appeals for the District of Columbia Circuit reviews the rule's legality ( West Virginia v. EPA, D.C. Cir., No. 15-1363, 7/27/16 ).

The “loser” of the challenge before the D.C. Circuit will have to decide whether to seek certiorari from the Supreme Court because “it will depend on who the presidential nominee is to the Supreme Court to replace Justice [Antonin] Scalia's seat,” said Richard Ayres of Ayres Law Group LLP.