After a federal appeals court upheld Obama administration greenhouse gas regulations yesterday, attention turned to what remaining legal options are left available to the challengers.
The choice is straightforward: Ask the U.S. Court of Appeals for the District of Columbia Circuit to rehear the case or immediately seek Supreme Court review.
A three-judge panel of the appeals court yesterday denied or dismissed challenges to four rules that are key to the administration’s effort to regulate greenhouse gas emissions (Greenwire, June 26).
The industry groups and states that oppose the rules could in theory ask the full court to rehear the case en banc — meaning all the court’s active judges would be involved — but most observers say it is unlikely the court would agree to such a request. The court rarely grants petitions for rehearing, especially when the panel ruling is unanimous, as it was yesterday.
That leaves the option of filing a petition with the Supreme Court. The chances of the justices taking up the issue are relatively slim as well, experts say.