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