Are you saying that a court has told EPA that they can't change the regulatory threshold for CO2 from 250 tons to 25,000 tons(or maybe 70,000 tons)?
They will get sued for such action, but I wasn't aware that a court had said they couldn't try.
The EPA is in a bind here, if they don't enforce the mandated limit they get sued, but they can't enforce it because it would paralyze the economey.
Amending the Law is the most simple fix.