A divided three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said in August the Environmental Protection Agency's cross-state air pollution rule exceeded EPA's authority.
The EPA asked the entire appeals court Friday to reconsider the case. The eight active judges will decide whether to do so. The agency said the panel had rewritten clear legislation, ignored jurisdictional limits, and waded into matters that Congress and the courts have left to the technical expertise of agencies.
The panel faulted the EPA for imposing "massive emissions reduction requirements" on upwind states without regard to limits imposed by law.