4th Circ. Won't Reconsider NC Pollution Fine Against Marines

By Morgan Conley (September 24, 2021, 8:39 PM EDT) -- The Fourth Circuit on Friday refused the U.S. Marine Corps' request to reconsider a split panel decision to uphold a civil penalty against the military branch for failing to comply with the emissions limitations for one of its coal-fired boilers in North Carolina.

The appellate court's single-paragraph order didn't elaborate on why it denied the Marines' petition for rehearing en banc, which was filed after a panel ruled 2-1 in July that the military branch can't dodge the civil penalty imposed by North Carolina because the Clean Air Act waives sovereign immunity for such penalties. The fine was levied after the Marine...

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