The SAFE III rule was published in the Federal Register on 30 September 2026 and on 2 October 2026 the NRDC (Second Circuit, 26-2781) and the Center for Biological Diversity with Sierra Club and others (D.C. Circuit, 26-1261) filed petitions for review, according to CourtListener court records.
History. 5 of 5. The first challenge came 7 days before publication in 2019, on the day itself in 2018, 2019 and 2026, and the day after in 2019.
Hunch.
The one-week market resolves on the court records in CourtListener and the attorneys general's press releases: YES if any state, city or group files a court challenge to the rule no later than the seventh day after it appears in the Federal Register. If the rule has not appeared in the Federal Register by 9 October 2026 the market is void, and Reuters and AP reports of the filing are the backup.
We looked for cases where a new US government cancelled or weakened a binding rule made under a government of the other party, and opponents said in public, before the new rule came out, that they would go to court. We found five such cases, all since 2018. In every one, the first court challenge was filed by the day after the rule appeared in the Federal Register.