Election Creates Doubt Over Whether D.C. Circuit Will Issue Ruling On ACE

The looming Nov. 3 presidential election is creating doubt over whether the U.S. Court of Appeals for the District of Columbia Circuit will ever publish a ruling on the legality of EPA’s Clean Power Plan (CPP) repeal as well as its replacement Affordable Clean Energy (ACE) coal-plant greenhouse gas rule, because a potential Biden administration could seek to halt the case, as the Trump administration did four years ago in litigation over the legality of the CPP. Further, the three-judge...