Appeals Court Reaffirms Decision that Upheld Program to Reduce Climate Pollution

Judges Reject Rehearing for Permitting Program; Uphold Panel Decision

May 4, 2015
Sharyn Stein, 202-572-3396,

(Washington, D.C. – May 4, 2015) The full U.S .Court of Appeals for the D.C. Circuit today agreed with its own three-judge panel, both of which refused to rehear a case that challenged efforts to reduce climate pollution.

The court denied petitions filed by the state of Texas and some power companies asking for a panel rehearing and an en banc, or full court, rehearing in Texas v. EPA. The case challenged the U.S. Environmental Protection Agency’s (EPA) efforts to ensure smooth, uninterrupted permitting for our nation’s largest industrial facilities that emit greenhouse gases. Permits would ensure that common sense clean air measures apply when new large sources are built or when they make capital intensive changes. A three-judge panel of the court ruled in favor of EPA in July of 2013. 

“States have been effectively applying these clean air safeguards and taking steps to secure vital pollution reductions through common sense and highly cost-effective measures,” said Peter Zalzal, an attorney for Environmental Defense Fund, which was a party to the case. “Today’s decision will ensure that these foundational programs remain in full effect in all states across the nation.”

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