Environmental Protection Agency

EPA Emissions Regulations Survive Challenge

Allows the agency to assert open-ended authority over "greenhouse gases"

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An appeals court on Thursday denied a request from industry groups to rehear a case in which the court upheld the Environmental Protection Agency's climate change regulations.

The industry challenge failed to win a majority vote by judges on the U.S. Court of Appeals for the D.C. Circuit for an en banc (before the entire bench) rehearing of Coalition for Responsible Regulation v. EPA, which sought to challenge the EPA's power to address greenhouse gas emissions.

In their dissenting opinions, Judges Brett Kavanaugh and Janice Rogers Brown attacked the majority decision with flourish, detailing grievances with this summer's ruling. And like the original opinion, one judge again cited a Schoolhouse Rock song, this time turning to "Three Ring Government."