D.C. Circuit urged to rehear suit over scrapped EPA ‘once in’ air policy

California and several environmental groups are urging the U.S. Court of Appeals for the District of Columbia Circuit to rehear its divided decision that rejected a suit over EPA’s memo scrapping a long-running policy permanently subjecting “major” air toxics sources to stringent emissions controls. The court’s 2-1 ruling issued Aug. 20 dismissing the suit is flawed for several reasons, the petitioners argue in an Oct. 4 request for rehearing , including that it conflicts with prior D.C. Circuit rulings; that...