September Term, 2014 EPA-78FR6674 Filed On: July 21, 2015 Delaware Department of… v. Environmental Protection Agency

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
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Electric Power Supply Association, et al.,
Intervenors
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Consolidated with 13-1102, 13-1104
BEFORE: Garland, Chief Judge; Williams and Randolph, Senior Circuit
Judges
O R D E R
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

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