The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial. Judge Rogers is still right.
The Wehrum Memo has – by intent – caused a 180o turn in how EPA handles MACT jurisdictional decisions. … More
Earlier this week, the D.C. Circuit Court of Appeals held that the “Wehrum Memo,” which reversed EPA’s longstanding policy of “once in, always in” regarding MACT jurisdiction, was not final agency action subject to judicial review. Like Judge Rogers, I dissent. 
The majority makes much of its effort to clarify this “byzantine” area of the law. My take is that,… More