This petition joins one already filed by the utilites (earlier cert petition and D.C. Circuit briefs and opinion here and here and here).
New Jersey v. EPA
New Jersey v. EPA: Industry En Banc Petitions Denied
Here is the order-denying-rehearing-en-banc-petitions-05-1097.
Appellate Court Rejects EPA, Industry Bid To Overturn Mercury Ruling
A key appellate court has rejected EPA and utility industry requests to rehear and overturn a ruling from a three-judge panel vacating the agency’s clean air mercury rule (CAMR), leaving supporters of the contentious rule with the option to either abandon it altogether or appeal the case up to the Supreme Court.
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.
DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA
Here is a link to our previous post that included several briefs, including the tribal brief.
Congrats to the petitioners!
Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)
The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: D.C Circuit Order
Selected briefs are included below:
State Governments Opening Brief
Environmental Groups Opening Brief
Brief of States Supporting EPA
Turtle Talk 