The United States Court of Appeals for the D.C. Circuit today refused to rehear a decision of a three-judge panel of the court that overturned EPA’s Cross-State Air Pollution Rule (CSAPR). CSAPR addressed the interstate transport of pollutants emitted by electric generating units located in the eastern two-thirds of the country. The panel decision in the EME Homer City v. EPA case, issued on August 21, 2012, found that EPA had misinterpreted underlying statutory requirements. One of the panelists, Judge Judith Rogers, issued a lengthy and sharp dissent. EPA and state and environmental supporters then asked the panel to reconsider its decision and also asked the full court to rehear the decision on banc. The three judge panel today refused to reconsider its decision, with Judge Rogers again dissenting, and the full court refused to rehear the case en banc, with no judge dissenting.