Industry petitioner files reply brief in Clean Air Act case

While last Friday the Solicitor General moved to dismiss (the motion is here) the Environmental Protection Agency’s petition in 08-512, EPA v. State of New Jersey–reversing the government’s position on the validity of its power plant emissions rules–the petitioner in a case challenging the same lower court ruling filed its reply brief that afternoon. In 08-352, United Air Regulatory Group v. State of New Jersey, petitioner argues for the Court to grant certiorari to reverse the D.C. Circuit’s application of Chevron to the EPA’s rulemaking discretion. The petition had been distributed for the Justices’ February 20th conference.