U.S. Supreme Court decides to hear global warming case
Despite the EPA not having properly raised the non-delegation issue, it is highly likely that several court conservatives wish the EPA would raise it, and possibly might raise it themselves, although normally they are loathe to raise issues that the parties have not properly raised. Indeed, the Court (with the concurrence of all the conservative justices) recently dismissed a case because the party based its Supreme Court appeal around an issue that it had not properly raised in the lower courts. However it's possible that an argument of the auto industry intervenors could be construed as properly raising the non-delegation issue, although their argument is fairly narrow: that Congress has already delegated authority over carbon dioxide to a different agency.
The state challenge to the EPA was rejected at the circuit court level and has very little chance of succeeding at the Supreme Court, but it will be interesting to hear the various reasons the justices will give for rejecting it.