EPA Denied A Rehearing En Banc by DC Circuit Court of Appeals

The folks at Turtle Talk have a good posting on this denial. Excerpt follows;

Environmentalists, however, doubt that the government will appeal the ruling to the high court, but leave open the option that industry may. “I would be astounded if the Solicitor General’s office walked this dog up to the Supreme Court’s steps to soil those grounds. The utility industry on the other hand follows different public health practices,” John Walke, clean air director at the Natural Resources Defense Council, said in a May 20 statement.

The U.S. Court of Appeals for the District of Columbia Circuit May 20 denied EPA’s petition for a rehearing en banc of the Feb. 8 ruling in State of New Jersey, et al., v. EPA that struck down the agency’s rule to establish a cap-and-trade scheme for reducing mercury emissions. The court also rejected a March 24 request by the Utility Air Regulatory Group — which represents electric generating companies — for a full panel rehearing.

The full post can be read here.