On May 20, 2008, the D.C. Circuit Court of Appeals denied the two petitions that were filed 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). While we may continue to be disappointed by the Court’s decisions, we never cease to be surprised. That is, the en banc rehearing petitions were before the Chief Judge and the nine Circuit Judges. Yet, for reasons we do not understand, the petitions were denied by five judges with five judges “not participating in the matter.” Go figure!
RMB Consulting &