The Environmental Protection Agency is appealing a federal court decision that vacated a major regulation to curb soot- and smog-forming power plant emissions that cross state lines.
Justice Department lawyers representing EPA are asking the full U.S. Court of Appeals for the D.C. Circuit to review the 2-1 August decision by a three-judge panel that nullified the agency’s Cross-State Air Pollution Rule.
The rule, a cornerstone of the Obama administration’s air quality agenda, forces sulfur dioxide and nitrogen oxide emissions cuts from power plants in 28 states in the eastern half of the country.
The Obama administration’s request Friday for review by a wider group of judges bashes the August ruling.