A three-judge judge panel ruled in August that the Environmental Protection Agency's cross-state air pollution rule exceeded EPA's authority.
WASHINGTON—A federal appeals court will not reconsider a decision blocking tightened restrictions on power plant pollution.
The U.S. Circuit Court of Appeals for the District of Columbia denied the Obama administration’s request for a new hearing. The court said a majority of its eight active judges opposed rehearing the case.
A three-judge judge panel ruled in August that the Environmental Protection Agency’s cross-state air pollution rule exceeded EPA’s authority. The EPA had said the rule would reduce power-plant pollution that contributes to unhealthy air in neighbouring states.
The appeals court panel faulted the EPA for imposing “massive emissions reduction requirements” on upwind states without regard to limits imposed by law.
An agency spokeswoman didn’t respond to an email seeking comment.
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