North Carolina v. Environmental Protection Agency

In deciding on rehearing to remand without vacating the final rule, the court has adhered to its traditional position where vacating would have serious adverse implications for public health and the environment. NRDC v. EPA, 489 F.3d 1250, 1264 (D.C.Cir.2007) (Rogers, J., concurring in part and dissenting in part); see, e.g., Envtl. Def. Fund, Inc. v. Adm’r of the United States EPA, 898 F.2d 183, 190 (D.C.Cir.1990). When the court has ordered vacatur despite potential adverse implications for public health and the environment, it has usually provided an explanation, see NRDC, 489 F.3d at…