On March 24, 2008, two petitions were filed in the D.C. Circuit Court of Appeals seeking rehearing en banc (all the judges of the Court) of the Court’s February 8th decision to vacate EPA’s Clean Air Mercury Rule (CAMR). The U.S. Government filed on behalf of EPA, and UARG filed on behalf of its electric utility member companies. Both petitions pointed out a series of mistakes made by the original panel in arriving at the February 8th decision. While the panel relied heavily on Chevron U.S.A. v. NRDC, both petitions chastised the panel for misapplying the statutory principles of interpretation set forth in Chevron. In Chevron, the Supreme Court explained the meaning of a “word” can only be determined in the context of the overall statute – not as a single word in isolation. Both petitions are concise, make for interesting reading, and are posted in our FTP Library. Keep checking back to our web site; RMB will try to keep you informed as CAMR twists and turns in the Court.
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