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The U.S. Court of Appeals for the District of Columbia Circuit will decide states and environmentalists’ case against EPA’s “close-out” of the Cross-State Air Pollution Rule (CSAPR) emissions trading program without hearing oral argument, in what may be a bad omen for EPA’s chances of successfully defending the rule.

President Donald Trump and his aides are aggressively casting his administration’s rule to scrap state vehicle emissions standards not just as deregulation but also as part of a broader political war with California -- and rich elites -- in an apparent effort to retain or broaden support ahead of the 2020 election.

Progressive academics are urging Democratic presidential candidates to back calls to add more seats to the Supreme Court, charging that even if they win the 2020 election and are able to usher in sweeping climate change legislation, the current justices are “poised to strike down key aspects of any conceivable” climate law.

A coalition of 23 states and the District of Columbia is challenging the Trump administration’s final rule preempting California’s vehicle greenhouse gas standards, filing suit in district court even before the policy has been officially published in the Federal Register.