DE Department of Natural Res. v. EPA

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 13-1093 September Term, 2014 EPA-78FR6674 Filed On: July 21, 2015 Delaware Department of Natural Resources and Environmental Control,

Petitioner v.

Environmental Protection Agency,

Respondent ------------------------------

Electric Power Supply Association, et al.,

Intervenors ------------------------------

Consolidated with 13-1102, 13-1104

BEFORE: Garland, Chief Judge; Williams and Randolph, Senior Circuit Judges

ORDER

Upon consideration of respondent’s unopposed petition for panel rehearing, it is ORDERED that the opinion, Delaware Department of Natural Resources and Environmental Control v. EPA, 785 F.3d 1 (D.C. Cir. 2015), be amended as follows: Section VI., p. 18, delete the first sentence of the first ¶, and insert in lieu thereof: We reverse the challenged rules that contain the 100-hour exemption for operation of emergency engines for purposes of emergency demand response under the National Emissions Standards, 40 C.F.R. § 63.6640(f)(2)(ii)-(iii), and the Performance Standards, 40 C.F.R. §§ 60.4211(f)(2)(ii)-(iii), 60.4243(d)(2)(ii)-(iii).

The Clerk is directed to issue the amended opinion and to amend the judgment issued May 1, 2015, to reflect this amendment.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Ken Meadows Deputy Clerk