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

Nos. 10-1070, 10-1071.

643 F.3d 958 (2011)

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.

April 22, 2011.

Attorney(s) appearing for the Case

Chet Maraffa Thompson, Esquire , Daniel William Wolff , Crowell & Moring, LLP, Washington, DC, for Petitioner.

Daniel R. Dertke , Robert Geoffrey Dreher , U.S. Department of Justice, Washington, DC, for Respondent.

William Henry Burgess, IV , Jeffrey Bossert Clark, Sr., Esquire , Stuart A.C. Drake , John Caviness O'Quinn , Kirkland & Ellis LLP, Dan Himmelfarb , Stephen Edward Sachs , Mayer Brown LLP, Washington, DC, for Intervenors.

Before: SENTELLE, Chief Judge, and GINSBURG, HENDERSON, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

ORDER

PER CURIAM.

Petitioners' petition for rehearing en banc, the responses thereto, and the reply were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing, it is

ORDERED that the petition be denied.

BROWN, Circuit Judge, joined by SENTELLE, Chief Judge, dissenting from the denial...

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