D.C. Circuit Declines Rehearing Request On Challenge to EPA Air Permitting Rule

摘要

The full U.S. Court of Appeals for the District of Columbia Circuit won't rehear a lawsuit brought by public health organizations that challenged a 1980 Environmental Protection Agency air permitting regulation (Sierra Club de Puerto Rico v. EPA, D.C. Cir., No. 14-1138,6/2/16). The court, in a brief order issued June 2, rejected a request by the Sierra Club de Puerto Rico and other public health groups that sought review of the March dismissal of their lawsuit. A three-judge panel ruled that the organizations hadn't brought a timely challenge under the Clean Air Act to a 36-year-old regulation that they had alleged contained an illegal exemption for certain industrial facilities under the nonattain-ment New Source Review Program (Sierra Club de Puerto Rico v. EPA, 815 F.3d 22, 2016 BL 66066, 82 ERC 1045 (D.C. Cir. 2016); 47 ER 749, 3/11/16).