Divided Court Appears To Make Partisan Outcome In ESPS Suit Less Likely

The 10 appellate judges that heard arguments over EPA's signature power plant greenhouse gas (GHG) rule Sept. 27 appear closely divided on many of the threshold legal issues they are considering, suggesting the outcome of the landmark suit may not be as predictable as the partisan makeup of the court may suggest. “While it is always difficult to determine how one judge, let alone ten, might rule based on oral argument, the court appeared to telegraph internal disagreement on several...