Utah Ex Rel. Utah Department of Environmental Quality v. United States Environmental Protection Agency

OPINION DENYING PANEL REHEARING

BACHARACH, Circuit Judge.

In a previous opinion, we dismissed Utah and PacifiCorp’s petitions for review based on a lack of jurisdiction. We lack jurisdiction because Utah and PacifiCorp filed their petitions after the expiration of a jurisdictional deadline. The Petitioners apply for panel rehearing, and we deny the applications.

I. The Petitioners’ Earlier Arguments & Our Panel Opinion

The Clean Air Act required Utah to submit a proposed implementation plan to the Environmental Protection Agency. Utah complied, but the EPA rejected parts of the plan. The State of…