Window Closing For Full Legal Review Of Vehicle GHG Fight Before 2021

摘要

The Trump administration's delay in issuing its final rule rolling back vehicle greenhouse gas standards has extended long enough that advancing inevitable litigation through both appellate courts and the Supreme Court appears increasingly unlikely before the 2020 election, several observers say. Such appraisals rely on typical litigation timeframes but could change due to an array of variables, including how the fight over likely requests to stay the rule plays out, potential attempts to seek expedited high court review given looming regulatory compliance deadlines, and the precise timing of when the rule goes final. But a draft final rule has yet to be sent to the White House Office of Management & Budget (OMB) for inter-agency review, even though EPA and the Transportation Department (DOT) were reportedly aiming to begin OMB review by June 1. OMB review typically takes 90 days but can be shorter or longer depending on the rule at issue. One industry source says "it's hard to imagine" an OMB review of less than 60 days for the vehicle GHG rollback rule - given the complexity and scope of the policy - though this and other sources caution that the Trump administration could seek to accelerate the measure.