As reported in Platts, the Court of Appeals has granted US EPA until September 24th to determine whether to pursue rehearing of the ruling that struck down the Clean Air Interstate Rule (CAIR).
The US Circuit Court of Appeals for the District of Columbia announced
….it was giving EPA more time to file any petition for a rehearing,
which it can seek either before the same three judges or before the full
Any such petition would originally have been due August 24.
The extra time would likely delay implementation of the court’s ruling
for at least another two to three months until the court decides whether it
will approve or deny any EPA petition, according to John Walke, clean air
director for the Natural Resources Defense Council.
The court would seek comments from other parties on any government
petition, giving them up to 30 days, before making a decision, Walke added.
The full effect of the Court’s decision takes place on issuance of its "mandate" which effectively throws out the program. The Court of Appeals typically issues its mandate 7 days after the time period for appeal expires. So earliest the full decision would likely take effect is October 1st.
EPA could file a motion to stay the effectiveness of the mandate while it seeks appeal. If no one opposes the motion the stay is effective for 90 days. If the motion to stay is granted, then it will continue while EPA seeks review in front of the Supreme Court. So, EPA through legal maneuvering can try and delay the inevitable.
Rehearing still appears unlikely as does any Congressional action to provide legal support for CAIR. Also, the decision to seek more time will keep EPA silent on many aspects how it proposes to deal with CAIR decision. EPA traditionally provide great deference to the Court while determining whether to seek an appeal. An information vacuum is not the best thing right now for those struggling to understand how to effectively address the many ramifications of the Court’s decision.