ELR Citation: ELR 21408
(D.C. Cir. Sep 16, 1988)

On petition for limited rehearing, the court vacates its earlier en banc decision, 18 ELR 21118. Although the court had evenly divided on whether petitioners had standing to challenge the Environmental Protection Agency's formula for calculating automobile fuel efficiency, it had reinstated the panel decision, 17 ELR 20712, in which standing had been found and a disposition made on the merits. The court now holds that reinstatement of the panel opinion was improper, since a majority of the en banc court did not find jurisdiction.

Counsel for Petitioners
Cornish F. Hitchcock, Alan B. Morrison, William B. Schultz
Public Citizen Litigation Group
2000 P St. NW, Washington DC 20036
(202) 785-3704

Counsel for Respondents
Roger J. Marzulla, Ass't Attorney General; Peter R. Steenland Jr.; Anne S. Almy; Michael A. McCord
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

Nancy A. Ketcham-Colwill
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20024
(202) 475-8040

Before: WALD, Chief Judge, and ROBINSON, MIKVA, EDWARDS, RUTH B. GINSBURG, STARR, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, and SENTELLE, Circuit Judges.