June 1, 2015: The U.S. Court of Appeals for the District of Columbia today ordered the U.S. Environmental Protection Agency (EPA) to file a response within 15 days to the Petition filed last week by Southeastern Legal Foundation (SLF) and various parties for Rehearing En Banc seeking reconsideration of the court’s decision on remand from the 2014 U.S. Supreme Court decision holding that the EPA’s greenhouse gas rules were “defective.” Utility Air Regulatory Group, et al. v. EPA, 134 S.Ct. 2427 (2014).
The Court of Appeals ordered, “Upon consideration of petitioners’ petition for rehearing en banc filed in the above-captioned cases, it is ORDERED, on the court’s own motion, that, within 15 days of the date of this order, respondent EPA file a response to the petition for rehearing en banc, not to exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response.” Coalition for Responsible Regulation, Inc. et al. v. Environmental Protection Agency, Nos. 09-1322, 10-1073, 10-1092.
Today’s order mirrors a similar order in the greenhouse gas case ruled on last year by the Supreme Court – that the EPA should respond to ensure the Court of Appeals has a complete record to consider.