In Rehearing Request, EPA Seeks To Limit Air Transport Policy Precedent

July 7, 2020
EPA is asking a federal appeals court to reconsider a ruling that it says “misapprehended” an earlier decision setting a precedent that limited the agency’s discretion in rejecting states’ petitions to force interstate emissions cuts, warning that the court is erroneously expanding the precedent and creating an “equitable disparity” between states. In a petition for panel rehearing filed July 6 with the U.S. Court of Appeals for the District of Columbia Circuit in State of Maryland v. EPA , the...

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