“It’s not as simple as just saying, ‘We think we are going to do something with this, so we want to stay this litigation,'” said Hana Vizcarra, a staff attorney with the Harvard program. “You can’t just eliminate regulations or litigation in that manner.
“When the court decides the case is moot, that’s because the agency has moved forward with changing the regulation, and it’s no longer in force,” she said.
The Biden administration will need to decide which legal battles it will focus on first, said Caitlin McCoy, another staff attorney at Harvard. It may choose to emphasize litigation that has been going on for longer.