Appeals court denies DOJ rehearing in ‘immunity’ air suit

The U.S. Court of Appeals for the 4th Circuit has denied a Justice Department (DOJ) request to rehear a ruling that finds the federal government liable for “punitive” penalties imposed by states for violations of state air pollution laws, upholding a precedent on the issue that DOJ says could encourage states to seek “lucrative recoveries." In its Sept. 24 order , the court denies rehearing by the whole court en banc in State of North Carolina, ex rel.; Elizabeth...