ENERGY FUTURE COALITION v. E.P.A.

No. 14-1123.

793 F.3d 141 (2015)

ENERGY FUTURE COALITION, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Respondents American Fuel & Petrochemical Manufacturers and American Petroleum Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2015.


Attorney(s) appearing for the Case

Adam R.F. Gustafson argued the cause for petitioners. With him on the briefs were C. Boyden Gray and Adam J. White.

Anna J. Wildeman and Valerie L. Green were on the brief for amicus curiae Governors' Biofuels Coalition in support of petitioners.

Michael C. Augustini , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden , Assistant Attorney General, and Mark M. Kataoka , Attorney, U.S. Environmental Protection Agency.

Stacy R. Linden , Richard S. Moskowitz , Chet M. Thompson , Robert Meyers , and David Y. Chung were on the brief for intervenors American Fuel & Petrochemical Manufacturers and American Petroleum Institute in support of respondents.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


The goal of the Clean Air Act is "to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population." 42 U.S.C. § 7401(b). To help achieve that objective, the Clean Air Act grants EPA authority to regulate vehicle emissions...

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