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

No. 98-1561.

198 F.3d 275 (1999)

AMERICAN PETROLEUM INSTITUTE and National Petrochemical & Refiners Association, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, U.S. Environmental Protection Agency, Respondents. Valero Energy Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2000.

Attorney(s) appearing for the Case

Michael F. McBride argued the cause for petitioners. With him on the briefs were Bruce W. Neely, G. William Frick, John E. Reese and Maurice H. McBride.

Mary F. Edgar, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Lois J. Schiffer, Assistant Attorney General, and John T. Hannon, Attorney, Office of General Counsel, U.S. Environmental Protection Agency. Christopher S. Vaden, Attorney, U.S. Department of Justice, entered an appearance.

Sam Kalen and Howard Bleichfeld were on the brief for intervenor.

Before: SILBERMAN, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Automobile engines emit volatile organic compounds ("VOCs"), which together with nitrogen oxides ("NOx") form ozone. Reformulated gasoline ("RFG") can reduce VOCs emissions compared to levels associated with ordinary gasoline; but it costs more, and there is some concern about the nation's current RFG production capacity. See 42 U.S.C. § 7545(k)(6)(B...

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