EPA, meanwhile, has been actively considering the issue itself, leading at least one petitioner to insist that the Court refrain from hearing the case until after the agency finalizes its decision.4 Despite this pleading, the Court’s desire to potentially rule on the issue during its current term signals that the time to cross this bridge is nearly upon us.
1 Court Order, Docket No. 16-268 (Dec. 3, 2018).
2 Brief of Update Forever, et al, at 2, available at https://www.supremecourt.gov/DocketPDF/18/18-268/67721/20181023112439839_18-268%20Brief%20in%20Opposition.pdf.
3 Id. at 1.
4 See id. at 28 (citing 83 Fed. Reg. 7,126, 7,126 (Feb. 20, 2018)).
