May 27, 2015: Southeastern Legal Foundation today filed a Petition for Rehearing and Rehearing En Banc in the U.S. Court of Appeals for the District of Columbia seeking reconsideration of its decision following the U.S. Supreme Court blockbuster decision holding the U.S. Environmental Protection Agency (EPA) greenhouse gas rules were defective for substantive reasons. Coalition for Responsible Regulation, Inc., et al. v. EPA, Nos. 09-1322, 10-1073, 10-1092.
The U.S. Supreme Court decision is Utility Air Regulatory Group, et al. v. EPA, 134 S.Ct. 2427 (2014).
On remand from the Supreme Court, the U.S. Court of Appeals for the District of Columbia later remanded the greenhouse gas rules back to EPA without vacating the rules, instructing EPA to “consider whether any further revisions to its regulations are appropriate in light of [the Supreme Court decision].”
The Coalition for Responsible Regulation, Inc., Southeastern Legal Foundation, Landmark Legal Foundation, and the Competitive Enterprise Institute joined in the petition.
The Supreme Court’s 2014 decision on EPA’s greenhouse gas rules is clear – the rules are substantively defective under the Clean Air Act.
The exceptional importance of the EPA’s rules and the strong decision by the Supreme Court in this matter require more than permission from the Court to EPA to change the rules if it sees fit. The amended judgment also runs counter to case precedent in the U.S. Court of Appeals for the District of Columbia that requires that remanded cases secure and maintain uniformity with the Supreme Court decisions. That clearly has not happened here.