EPA Denied En Banc Hearing On Vacated Clean Air Rule

Law360, New York (January 24, 2013, 9:17 PM EST) -- The D.C. Circuit on Thursday denied the U.S. Environmental Protection Agency’s bid for an en banc rehearing of the court's August decision overturning an agency rule requiring 28 states to cut power plant emissions that cross their borders.

The circuit panel said a majority of the judges voted against the EPA’s bid to challenge the court’s 2-1 August ruling vacating the agency’s Cross-State Air Pollution Rule. The rule, which the EPA finalized in July 2011, would have forced states to reduce sulfur dioxide and nitrogen oxide...
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