We told you last June that a panel of the D.C. Circuit had largely upheld the Environmental Protection Agency's greenhouse gas rules issued after the Supreme Court's decision in Massachusetts v. EPA demanded regulatory action on greenhouse gases. The panel's 82-page opinion, written by Judge Per Curiam (Sentelle, Rogers, and Tatel), was pretty comprehensive. Yesterday (nearly six month later), by a 6-to-2 vote, the full D.C. Circuit denied a request for en banc review that had been sought by various business interests. The court issued 52 pages of opinions, mainly penned by the dissenters (Judges Brown and Kavanaugh), although the original panel judges wrote a short opinion saying why they think the dissenters are wrong.
Jenna Greene has written this story on the en banc denial.
