A federal judge on Wednesday appeared torn during arguments in California’s lawsuit over the Trump administration’s effort to nullify clean air waivers.
The litigation is one of several lawsuits playing out over EPA’s submission of prior waiver approvals to be invalidated through the Congressional Review Act’s expedited procedures rather than through slower administrative reconsiderations.
While Senior Judge Beryl Howell of the U.S. District Court for the District of Columbia aired concerns about California’s standing to sue and her own jurisdiction to hear the case, she also sounded alarmed at the Trump administration’s argument that its decision to send prior waiver approvals to Congress for nullification is not subject to review by the courts.
“Agencies could willy-nilly decide what’s the final rule, what’s an order, what isn’t,” Howell, an Obama appointee, said during almost two hours of arguments.
