Question

The Environmental Protection Agency (EPA) issues an administrative rule interpreting the Clean Air Act (CAA) to not apply to electric vehicles (EVs), citing research and expert testimony that EVs do not produce emissions. The CAA is silent on whether EVs are subject to the statutory requirements. After an extensive notice-and-comment period, the EPA publishes the final rule unchanged despite heavy objection by group of manufacturers of gas-powered vehicles. After a action in the EPA's administrative court led to an unfavorable decision, the manufacturers appeal the EPA's decision to a federal appellate court.

Is it more likely that the federal appellate court will affirm or overturn the EPA's final rule?

Answer 1

The federal appellate court is more likely to overturn the EPA's final rule.

Step-by-step explanation:

It is more likely that the federal appellate court will overturn the EPA's final rule. The court will review the EPA's decision and assess whether it is in accordance with the law. In this case, the EPA's interpretation of the Clean Air Act to exclude electric vehicles (EVs) may be subject to challenge as it goes beyond what the statute says, which is silent on the applicability of the Act to EVs. The court will consider the arguments and evidence presented by the manufacturers of gas-powered vehicles and determine whether the EPA's decision is reasonable and supported by the law.