Fourth Circuit denies EPA's requestion for rehearing

According to the AP:

A federal appeals court has refused to reconsider a ruling that Duke Energy Corporation did not need the Environmental Protection Agency's permission when it made improvements between 1988 and 2000 at eight power plants in North Carolina and South Carolina.The modifications allow the plants to emit more pollutants because they can operate for more hours, but a three-judge panel of the 4th U-S Circuit Court of Appeals ruled in June that it didn't matter because the hourly rate of emissions would not increase.

E-P-A asked the full appeals court to rehear the case. The court issued a brief order denying the request.