Sierra Club Wants Full DC Circ. Look At EPA Emissions Policy

Law360 (July 13, 2020, 6:49 PM EDT) -- The Sierra Club has asked the D.C. Circuit to reconsider its challenge to U.S. Environmental Protection Agency guidance allowing for an easier emissions permit review process, saying a three-judge panel erred when it determined the agency's actions weren't final.

The environmental group asked for an en banc review of the case on Friday, arguing that an EPA memo qualifies as a final agency action, because it allowed permits for new or modified projects that emit fine particulate matter or ground-level ozone, effectively creating a safe harbor for polluters.

Though the panel had concluded the memo did not represent final agency action,...

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