The fate of cases pending before the U.S. Supreme Court, or that could end up on its future docket, has been clouded with uncertainty by the death of Justice Antonin Scalia on Feb. 13.

One case that might arrive at the Supreme Court in 2017 is a challenge to the Obama administration’s Clean Power Plan governing power plant carbon emissions. Also on the horizon are challenges to an Environmental Protection Agency-Army Corps of Engineers regulation that seeks to clarify which bodies of water are federally regulated.

Brendan Collins, a partner in law firm Ballard Spahr’s environmental and natural resources group, says, “I’m confident the president will nominate someone and I’m confident that he or she will be considered by Congress in some way.” But he notes such consideration may be brief. “Whether that person has some kind of litmus test on the Clean Power Plan, I don’t know,” he says.