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GEORGE E. WARREN CORP. v. U.S. E.P.A.

Nos. 97-1651 and 97-1656.

159 F.3d 616 (1998)

GEORGE E. WARREN CORPORATION, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, Respondents. Friends of the Earth, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Bates, Boston, MA, argued the cause for petitioner George E. Warren Corporation. With him on the briefs were Harvey M. Sheldon, Chicago, IL, and Ellen S. Tenenbaum, Washington, DC.

Michael F. McBride argued the cause for petitioner Independent Refiners Coalition. With him on the briefs were Gene E. Godley, Washington, DC and Daniel C. Esty.

Seth M. Barsky, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Washington, DC, Jonathan Z. Cannon, General Counsel, Environmental Protection Agency, and John Hannon, Attorney.

J. Martin Wagner argued the cause for intervenors Friends of the Earth, Inc., et al. With him on the brief were Patti Goldman, Marcus W. Sisk, Jr. and Lori A. Lange.

V. Robert Denham, Jr. argued the cause for intervenors Petroleo Brasileiro, S.A., and Petrobras America, Inc. With him on the brief were Rex R. Veal and N. David Palmeter, Washington, DC.

Before: GINSBURG, SENTELLE, and ROGERS, Circuit Judges.

GINSBURG, Circuit Judge:

Before the court are petitions to review a rule promulgated by the Environmental Protection Agency in 1997 to implement the anti-dumping provision of the reformulated gasoline program established by the Clean Air Act Amendments of 1990. See 42 U.S.C. § 7545(k)(8). The challenged rule regulates emissions from conventional gasoline for motor vehicles, and changes the way importers and foreign refiners of conventional gasoline sold...

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