D.C. Circuit Denies Rehearing In Suit Over Scrapped EPA Air Toxics Policy

A federal appeals court has denied rehearing of environmentalists’ suit over EPA’s decision to scrap a longstanding “once in, always in” policy that permanently subjected “major” sources of air toxics to strict emissions controls, but one dissenting judge warns the denial will “eviscerate” the court’s power to review some agency actions. Barring a Supreme Court appeal over the denial, the U.S. Court of Appeals for the District of Columbia Circuit’s divided Jan. 22 decision shifts focus to a pending rulemaking...