The Environmental Protection Agency issued a proposed rule Tuesday to undo a signature climate rule from the Obama administration, though a key court battle over the policy still lingers in a federal appeals court in Washington, D.C.
An en banc panel of 10 judges at the U.S. Court of Appeals for the D.C. Circuit has held the case in abeyance since April after hearing oral arguments more than a year ago. The plan itself never went into effect because the U.S. Supreme Court stayed its implementation in February 2016, pending resolution of the legal challenges brought by 28 Republican state attorneys general and more than 100 companies and industry groups who claim the rule exceeded the agency’s authority.
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