WASHINGTON, DC — “The US Environmental Protection Agency on Friday asked a federal court to rehear its case for the Cross-State Air Pollution Rule after a three-judge panel this summer issued a split decision vacating the regulation, which is aimed at cutting interstate emissions from coal-fired power plants.
The EPA is seeking a rehearing en banc that would involve eight judges serving on the US Court of Appeals for the District of Columbia Circuit.
EPA, in its petition to the full court, said the three-judge panel’s decision against CSAPR was ‘inconsistent with circuit precedent’ in terms of the agency’s authority under the Clean Air Act to issue federal implementation plans to states to carry out the rule. ”
— Cathy Cash, Platts