October 5, 2026: D.C. Circuit Denies Motion for Stay; Case Moves Forward to Merits Briefing

The U.S. Court of Appeals for the D.C. Circuit denied the youth petitioners' motion to stay EPA's rescission of the Endangerment Finding while the case is pending. The youth had asked the court to keep vehicle greenhouse gas emission limits in place during the litigation. The court found that the stringent standard for a stay pending review had not been met. It also denied a motion to hold the consolidated cases in abeyance, which keeps the litigation moving. All parties must propose a briefing format within 30 days. 

"The court did not decide whether EPA violated the Constitution. It did not say these children are not being harmed, and it gave no weight to their testimony or to the testimony of scientific, medical, transportation and energy experts who confirm the gravity of their injuries. Those injuries flow directly from EPA's erasure of 15 years of science and vehicle pollution protections in less than six months on a presidential directive to unleash fossil fuels. The court did not say their legal claims are without merit. What it said is that they must wait while the damage compounds and their injuries worsen. We disagree that protecting children's constitutional rights can wait, and we will continue to pursue every available path to protect them. We are confident that courts will ultimately decide to listen to our nation’s children and ensure they can have the safe and healthy futures they deserve."

— Andrea Rodgers, Attorney to the Plaintiffs