United States Sugar Corporation v. Environmental Protection Agency

Summary

The United States Court of Appeals for the District of Columbia Circuit denied the EPA's petition for panel rehearing as to the remedy. The court left its July 29, 2016 judgment in effect and remanded the numeric MACT standards in the Major Boilers Rule for new and existing sources in eighteen subcategories without vacatur.

Holdings

1. The numeric MACT standards for new and existing sources in each of the eighteen subcategories must be remanded without vacatur for EPA to conduct further proceedings consistent with the court's prior opinion.

Questions Presented

1. Whether the court should modify its prior judgment concerning the remedy for the numeric MACT standards in the Major Boilers Rule.
2. Whether those numeric standards should be remanded without vacatur for further agency proceedings.

Disposition

remanded