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EPA appeals court ruling on pollution from coal plants

WASHINGTON — The Environmental Protection Agency asked Friday for a full-court review of a decision by a three-judge panel that threw out a rule designed to cut pollution from coal-fired power plants.

The agency, in a filing in the US Court of Appeals in Washington, said the judges in the 2-1 ruling striking down its cross-state air pollution rule developed ‘‘regulatory policy out of whole cloth’’ in violation of their role of review.

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The panel’s decision dealt a blow to the Obama administration’s efforts to curb harmful emissions with a regulation it said would provide ‘‘dramatic’’ health benefits for 240 million people.

The eight active judges on the Washington-based appeals court heard only one so-called en banc case last term, according to the court’s docket.

On Aug. 21, two of the judges on the panel, Brett Kavanaugh and Thomas Griffith, ruled that the agency overstepped its legal authority and imposed standards that were too strict. The court sided with power companies and mining groups that challenged the measure, which caps emissions in more than two dozen states.

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