ELR Citation: ELR 20306
No(s). 05-1244 (D.C. Cir. Dec 23, 2008)

The D.C. Circuit reversed its earlier decision to vacate and remand the Clean Air Interstate Rule (CAIR) and instead remanded the rule without vacatur. It is appropriate to remand without vacatur on particular occasions where vacatur would at least temporarily defeat the enhanced protection of the e...