SAFE Rule Delay May Boost Profile Of Suit Over EPA Auto GHG ‘Finding’

The Trump administration’s timetable for completing its rollback of vehicle greenhouse gas and fuel economy standards has slipped such that a final rule is not expected before an appellate court holds oral argument in litigation over EPA’s decision to reopen the Obama-era standards. The timing developments raise the question of whether the pending litigation -- over EPA’s April 2018 determination that its prior vehicle GHG rules were not “appropriate” and must be scaled back -- could ultimately have a greater...