States appeal case against EPA climate rule


Fourteen states are asking a federal appeals court to revive their challenge to the Obama administration’s signature regulatory proposal on climate change.

The states, led by West Virginia Attorney General Patrick Morrisey, want all 17 judges on the Court of Appeals for the District of Columbia Circuit to hear the case that a three-judge panel rejected last month against the Environmental Protection Agency (EPA).

That panel of judges decided the challenge was premature because the rule has not yet been made final, and a court has never reviewed a proposed rule before.
The states said the judges made a huge mistake.

“Rehearing is warranted because the panel majority’s decision will have far-reaching consequences for the conduct of agencies in rulemaking, in violation of precedent from this court and the Supreme Court,” they wrote in their Friday petition to the court. (by Timothy Cama, The Hill)