Snow+Snow’s Robert Langston told Inside EPA that he expects the incoming administration to move quickly to request stays in ongoing litigation over major Biden-era power sector emissions rules, but cautioned that substantive repeal through the regulatory process will take considerably longer.
“The stay requests are the easy part — courts are generally receptive when a new administration signals it intends to revisit a rule,” Langston said. “The hard part is doing the underlying regulatory work to replace those rules with something that holds up.”
Langston noted that the administration would benefit from having thought through its replacement approach before filing, rather than leaving a regulatory vacuum. “They’re coming in with more preparation than last time. How that translates into durable policy is the real test.”
