Law360, New York (September 27, 2012, 5:08 PM ET) -- The D.C. Circuit on Monday turned down a request from oil and gas industry group American Petroleum Institute for an en banc rehearing of a July ruling that upheld the U.S Environmental Protection Agency's tighter restrictions on nitrogen dioxide emissions from utilities and other sources.
Noting that not a single one of the court's 10 judges cast a vote in favor of API's motion for rehearing, the federal appeals court denied API's petition and solidified its earlier decision that the EPA had not overstepped its authority...