EPA Seeks En Banc Rehearing Of Vacated Clean Air Rule

Law360, New York (October 5, 2012, 4:42 PM EDT) -- The U.S. Environmental Protection Agency on Friday asked the D.C. Circuit for an en banc rehearing of its August decision striking down an agency rule requiring 28 states to cut power plant emissions that cross their borders.

The EPA argued that the appeals court’s 2-1 ruling vacating the agency’s Cross-State Air Pollution Rule on the grounds that it runs afoul of the Clean Air Act conflicts with numerous prior circuit rulings and threatens the integrity of the administrative and judicial process and said a full en...
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