Most likely the court took the case to cement the doctrine. Then it will be “settled law”.
I deeply fear that.
I’m hoping there’s something hidden in this. The court didn’t support the CDC rent moratorium and I think the CDC screwed the pooch on that one. If one can point to any bureaucratic overreach, this one would be it. Maybe, just maybe, the court will use the EPA overreach to smack down decades of deference to faceless idiots.