Atlas Copco, Inc. v. Environmental Protection Agency

SUPPLEMENTAL OPINION ON REHEARING

Petitioners in this case have sought judicial examination of regulations promulgated by the Environmental Protection Agency (EPA) pursuant to the Noise Control Act of 1972.1 Much as in a companion case, Chrysler Corp. v. EPA,2 we earlier found that we lack jurisdiction to review the rules here challenged because they were not issued under authority of Section 6 of the Act.3 Petitioners subsequently requested rehearing on four points, claiming that we did not reach them in our prior opinion. Despite our conviction that we had, and our belief that we were right…