D.C. Circuit Denies EPA’s Petition for Rehearing En Banc in CSAPR Litigation

On January 24, 2013, the U.S. Court of Appeals for the D.C. Circuit denied EPA's Petition for Rehearing En Banc in EME Homer City Generation, L.P. v. EPA. The court's order stated that a majority of the judges eligible to participate in a vote on EPA's petition voted against rehearing. Judge Judith Rogers, who wrote a vigorous dissent from the majority's opinion in EME Homer City Generation, did not write a dissent from the rehearing denial. Following the D.C. Circuit's denial of its Petition for Rehearing En Banc, EPA's only remaining recourse to challenge the CSAPR vacatur is to petition for a writ of certiorari from the Supreme Court of the United States.