AMERICAN PETROLEUM INSTITUTE v. U.S. E.P.A.

Nos. 94-1502, 94-1540, 94-1590 and 94-1654.

52 F.3d 1113 (1995)

AMERICAN PETROLEUM INSTITUTE and National Petroleum Refiners Association, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents, Renewable Fuels Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1995.


Attorney(s) appearing for the Case

Michael F. McBride argued the cause for petitioners American Petroleum Institute and National Petroleum Refiners Ass'n. With him on briefs were David T. Deal, George W. Frick, John E. Reese, and Maurice H. McBride.

James W. Moorman argued the cause for petitioner American Methanol Institute. With him on brief was Jonathan R. Stone and Frederick R. Anderson.

Gerard R. McConnell filed the brief for petitioner Oxygenated Fuels Ass'n, Inc.

Mary E. Ward and Timothy Burns, U.S. Dept. of Justice, argued the cause for respondents. With them on brief were Lois J. Schiffer, Asst. Atty. Gen., U.S. Dept. of Justice, Alan W. Eckert, Associate Gen. Counsel, and John T. Hannon, U.S. E.P.A.

On joint brief for intervenors Renewable Fuels Ass'n and Corn Refiners Ass'n were Barry B. Direnfeld, Robert S. Taylor, Robert V. Zener, Michael E. Ward, Stephen L. Urbanczyk, and Eric M. Braun.

On joint brief for amici curiae American Farm Bureau Federation, et al. were John J. Rademacher, James D. Keast, and Jeff Masten.

Elaine Lubin filed the brief for amicus curiae Citizen Action.

L. Steven Grasz filed the brief for amicus curiae Governors' Ethanol Coalition.

Before WILLIAMS, SENTELLE, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The American Methanol Institute, the American Petroleum Institute, the National Petroleum Refiners Association, and the Oxygenated Fuels Association, Inc. (hereinafter "petitioners") challenge the promulgation by the Environmental Protection Agency ("EPA") of a renewable oxygenate requirement in its regulations for the reformulated gasoline program under the Clean Air Act. Upon...

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