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In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-WestVirginia, Inc.
The first petition was filed by WestVirginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. WestVirginia v. DECISIONS AND SETTLEMENTS. EPA’s response to the petitions is due June 3, 2021. 20-1530 (U.S. 20-1531 (U.S. 21-cv-971 (D.D.C.,
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