On Friday, in the United States v. Midwest Generation, LLC appeal, the Seventh Circuit denied the government’s petition for rehearing and rehearing en banc of the court’s July 8, 2013 decision affirming the dismissal of certain PSD / NSR claims. The judges responded to the petition uniformly. No judge in regular active service requested a vote on the petition for rehearing en banc, and all of the judges on the panel voted to deny rehearing. If the government decides to seek review of the Seventh Circuit’s decision by the Supreme Court of the United States, it has until December 19, 2013 to file a petition for writ of certiorari.
As we previously reported, in the United States v. EME Homer City Generation, L.P. appeal, on August 21, 2013, the Third Circuit affirmed the dismissal of the government’s PSD / NSR claims. The government has until October 7, 2013 to petition for panel rehearing and/or rehearing en banc. To date no such review has been sought, but we will continue to monitor these cases and update the blog with any news.