D.C. Circuit Endangerment Finding Litigation: The Nefarious EPA "Futility" Analysis

Readers of my previous (August 13) post on the Endangerment Finding (EF) litigation pending in the D.C. Circuit may have come away wondering about this issue: What is the basis on which this coalition of most blue states plus many major municipalities and big-time environmental NGOs seeks to put an indefinite stall on resolution of the litigation? As reported in that post, after the Trump EPA had finalized its rescission of the EF in February 2026, a large number of blue states, municipalities and environmental NGOs promptly filed Petitions in the D.C. Circuit seeking to have the court block that...