Bethlehem Steel Corp. v. Gorsuch
Citation: 14 ELR 20482
No. No. 82-2884, 732 F.2d 97/20 ERC 2183/(7th Cir., 04/27/1984) Opinion vacated, reh'g granted
The court grants a petition for rehearing of petitioner's challenge to the Environmental Protection Agency's (EPA's) rejection of a Clean Air Act delayed compliance order (DCO) for its coke oven batteries. Initially, the court rejects a petition for rehearing en banc. The panel that earlier ruled in the case, 14 ELR 20295, then grants the petition for rehearing in order to resolve questions concerning a state implementation plan (SIP) provision whose partial approval by EPA was the basis for the Agency's rejection of the DCO. The court vacates its earlier ruling and requests the submission of briefs clarifying the status of the 1974 SIP provision at issue and its 1972 predecessor and discussing procedures for further fact-finding in the case.
Counsel are listed at 14 ELR 20295.
Joined by Pell, Bauer, Wood, Cudahy, Eschbach, Posner, Coffey, and Flaum, JJ.