The EPA has filed a petition with the U.S. Court of Appeals for the D.C. Circuit to either remand without vacatur or remand with vacatur certain provisions in the Agency’s final rule governing the management and disposal of coal combustion residuals (CCRs) from electric utilities (CCR rule, April 17, 2015, FR). Both industry and environmental groups are challenging aspects of the rule in the D.C. Circuit. The EPA says upon its review of the petitions to the court from both these groups, the Agency determined that it was prudent to seek remand of these provisions for further consideration or review.
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In its request to the court, the Agency says it conferred with the plaintiffs, who said they had no objection to EPA’s request for remand, generally, because the requests do not involve issues the plaintiffs are challenging. The plaintiffs told the Agency they have no intention of filing responses to EPA’s motion to the D.C. Circuit.