RULING CLEARS WAY FOR HIGH COURT APPEAL OF 'EXCESS' EMISSIONS RULE

摘要

A federal appeals court has rejected industry's bid to rehear a ruling vacating EPA's rule exempting "excess" emissions from air pollution limits, clearing the way for industry to seek Supreme Court review of the decision that may resolve what industry says is a circuit split over when courts can reopen years-old rules for review.rnIn a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit Sept. 23 rejected an industry coalition's bid to rehear the decision in Sierra Club v. EPA. The court also granted a separate EPA motion to delay the mandate of the rule's vacatur until Oct. 6, which it requested to give affected sources, regulatory authorities and EPA "reasonable time" to address potential compliance issues that may arise from the vacatur.