Nebraska v. EPA

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The D.C. Circuit granted private petitioners’ motion to hold the cases in abeyance. Zero Emission Transportation Association opposed the motion.

The D.C. Circuit suspended briefing on its own motion.

The trade association petitioners submitted a statement of issues listing four issues they plan to raise: (1) whether carbon dioxide is an “air pollutant” under the Clean Air Act; (2) whether the final rule violates the nondelegation doctrine; (3) whether the rule violates the major questions doctrine: and (4) whether the rule is arbitrary, capricious, or otherwise contrary to law or fact.