EPA is asking federal judges for the chance to revisit a set of smog control regulations blocked by the Supreme Court earlier this summer.
In a motion filed late Monday, agency officials sought voluntary remand of the “good neighbor” rule after the Supreme Court in its 5-4 stay decision in June found that EPA had failed to reasonably explain how the new requirements would remain cost-effective if covering fewer states than initially anticipated.
“Accordingly, EPA believes it would be most efficient to address that possible error now,” EPA said in its motion to the U.S. Court of Appeals for the District of Columbia Circuit.
If the court agrees to the remand, EPA expects the review to conclude by the end of November, the motion says, after which litigation over the rule’s merits can resume.
