How will the election affect EPA litigation?

Author: Luke A. Wake

Commentators are saying that, with a split in Congress, it is now unlikely that we will see significant environmental or energy legislation passed in the near future. Accordingly, we may expect to see the Obama Administration change its approach toward these issues. Specifically, we may see the administration take a more aggressive approach in enforcement actions, and in the promulgation of rules affecting Americans.

The New York Times reports that the elections will affect on-going litigation, including our challenge to EPA's Endangerment Finding, and judicial confirmations. According to the article, House Republicans may likely try to cut funding for EPA's implementation of the endangerment finding, which may diminish the importance of the litigation.