EPA LIKELY TO SEEK FULL APPELLATE REVIEW OF RARE AIR RULE 'VACATUR'

September 24, 2004
EPA is planning to appeal a precedent-setting federal appellate decision vacating a clean air rule because agency officials fear it could set a dangerous precedent for immediately vacating defective air quality standards rather than remanding them to the agency for reconsideration, sources tracking the issue say. EPA is particularly worried that if the ruling is allowed to stand, future courts can rely on the precedent to vacate rules that could be easily remedied, leaving the agency without any standard and...


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