Maine’s U.S. senators joined a filibuster that may undermine the Sun Journal’s conclusion in the aptly headlined editorial “Court ruling more bad news for breathers” (Aug. 26): that “The EPA can appeal the decision to the full District of Columbia Court of Appeals and it should do so as quickly as possible.”

The editorial also noted “that two Bush-era appointees to the court voted to postpone the (Clean Air Act) regulations, while the Clinton appointee blasted the decision as an ‘absurdity’ unsupported by the factual record.”

Three of the four George W. Bush judges the Senate confirmed to the D.C. Circuit continue on the court, including a member of the panel majority who filled the court’s 11th seat.

Now, however, the court has three vacancies, so that five of the eight active judges would have to vote to review the 2-1 panel decision.

Maine GOP Sens. Olympia Snowe and Susan Collins voted last December to filibuster President Barack Obama’s nomination of Caitlin Halligan to the D.C. Circuit’s ninth seat.

A Washington Post editorial opined: “It is a disgrace to the party that Lisa Murkowski of Alaska was the only Republican to endorse an up-or-down vote.”

Glenn Sugameli, Washington, D.C., staff attorney, Judging the Environment, Defenders of Wildlife