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NATIONAL PETROCHEMICAL & REFINERS ASS'N v. E.P.A.

Nos. 10-1070, 10-1071.

630 F.3d 145 (2010)

NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Growth Energy and National Biodiesel Board, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Robert A. Long Jr . argued the cause for petitioners. With him on the briefs were Keith A. Noreika , Mark W. Mosier , James McCall Smith , Chet Thompson , and Daniel Wolff .

Daniel R. Dertke , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Robert G. Dreher , Acting Assistant Attorney General.

Dan Himmelfarb argued the cause for intervenors. On the brief were Jerome C. Muys, Jr. , Laura Ford Brust , Stuart A.C. Drake , Jeffrey Bossert Clark , John C. O'Quinn , and William H. Burgess .

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 2007, Congress enacted the Energy Independence and Security Act ("the EISA"), Pub.L. No. 110-140, §§ 201-204, 121 Stat. 1492 (codified as amended at 42 U.S.C. § 7545(o) (Supp. II 2008)). It expanded the renewable fuel program under the Energy Policy Act of 2005, Pub.L. No. 109-58, § 1501, 119 Stat. 594 (codified as amended at 42 U.S.C. § 7545(o) (Supp. 2006)) ("2005 Act"), which required that set volumes of renewable...

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