Coalition for Responsible Regulation, Inc., et al. v. Environmental Protection Agency, No. 09-1322, 2012 U.S. App. LEXIS 25997 (D.C. Cir. Dec. 20, 2012)

(court denies plaintiffs' petition for rehearing from court's prior decision reported at 684 F.3d 102 (D.C. Cir. 2012) that EPA's "endangerment finding" that carbon dioxide and other greenhouse gas emissions are a threat to public health and the environment should be upheld under arbitrary and capricious standard; two dissenting opinions pointed out that Supreme Court opinion in Massachusetts, et al. v. Environmental Protection Agency, et al., 549 U.S. 497 (2007) where the Court held that EPA had the authority to regulate emissions from new automobiles under the EPA's motor vehicle program based on the meaning of the term "air pollutant" contained in that program, not controlling in the different context of the Prevention of Significant Deterioration portion of the Clean Air Act). 

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