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The court, the First Department of the Appellate Division of State Supreme Court in Manhattan, concurred with a lower court's ruling that the city's Board of Health, appointed by the mayor, overstepped its bounds as a nonlegislative body by approving the rule.
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Justice Tingling called the rules "arbitrary and capricious" and said the city's Board of Health, which is appointed by the mayor, had overstepped its authority in approving the rules.
In approving the rules on 7 June 2012, the EU council expanded the directive to include solar panels, fluorescent lighting containing mercury, and equipment containing ozone-depleting substances.
The commission could approve the rule in private.
The agency approved the rule last January despite industry objections.
The commission, which now has four sitting members, voted unanimously to approve the rule.
The agency was split, 3-2, when it approved the rule in October.
Three Democratic members approved the rule over the vocal objections of two Republican colleagues.
The Commodity Futures Trading Commission, which voted unanimously to approve the rule, planned to finish it months ago.
In early 2001, when it approved the rule, the S.E.C. estimated that 504 funds did not meet the 80percentthresholdld.
While the commission could ignore the committee and approve the rule over substantial opposition, that is viewed as politically unlikely.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com