The Biden White House will be able to defend its embattled rule for the power sector before a potential change in administration.
The U.S. Court of Appeals for the District of Columbia Circuit today set oral arguments in the case for Dec. 6.
The court directed the parties to suggest by Nov. 7 which issues warrant discussion at the arguments and how much time the court should allow for each issue to be heard.
The hearing comes as the Supreme Court last week rejected a red state and industry-led bid to pause the regulation for new gas- and existing coal-fired power plants.