A panel of federal judges Monday appeared to be split but leaning toward EPA in a fight over the Trump administration’s delay of stronger air pollution rules for the steel industry.
The delayed rule is part of a massive deregulatory effort undertaken by EPA Administrator Lee Zeldin and, in this case, gave the industry breathing room while the agency works to rewrite the underlying Biden-era requirements.
Environmental challengers painted the delay as subtext for a broader reconsideration of the strengthened Biden-era rule, but a majority of the panel indicated they felt EPA had justified the delay.
“It seems like there is a fairly strong argument that when they make the finding of impracticability here … they are allowed to do that and they are allowed to change the compliance date,” said Judge Bradley Garcia, a Biden appointee.
