Tag Archives: “stationary engines” vacatur

Can EPA Keep Winning By Losing? Another Court Remands An EPA Rule Without Vacatur

Last Wednesday, the D.C. Circuit Court of Appeals remanded EPA’s rule exempting stationary engines that operate up to 50 hours per year to supply non-emergency service to power providers from the EPA NESHAP for reciprocating internal combustion engines.  Why is that news?

Because, once more, a court has acceded to EPA’s request that it remand without vacatur, leaving the rule in place.  We’re now seeing something of a trend towards remand without vacatur. … More