GROCERY MFRS. ASS'N v. E.P.A.

Nos. 10-1380, 10-1414, 11-1002, 11-1046, 11-1072, 11-1086.

693 F.3d 169 (2012)

GROCERY MANUFACTURERS ASSOCIATION, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Growth Energy, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 2012.


Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioners Grocery Manufacturers Association, et al. Michael F. McBride argued the cause for petitioners Alliance of Automobile Manufacturers, et al. With them on the briefs were Mary Helen Wimberly , Richard A. Penna , Marisa Hecht , Chet M. Thompson , William L. Wehrum , and Lewis F. Powell, III .

Kenneth T. Cuccinelli, II , Attorney General, Office of the Attorney General for the State of Virginia, E. Duncan Getchell Jr. , Solicitor General, Stephen R. McCullough , Senior Appellate Counsel, Charles E. James Jr. , Chief Deputy Attorney General, and Wesley G. Russell Jr. , Deputy Attorney General, Luther Strange , Attorney General, Office of the Attorney General for the State of Alabama, E. Scott Pruitt , Attorney General, Office of the Attorney General for the State of Oklahoma, and John J. Burns , Attorney General, Office of the Attorney General for the State of Alaska, were on the brief as amici curiae State of Alabama, et al.

Jessica O'Donnell , Attorney, Department of Justice, argued the cause and filed the brief for respondent.

Randolph D. Moss argued the cause for intervenor. With him on the brief were Kenneth R. Meade and Brian M. Boynton .

Dissenting opinion filed by Circuit Judge KAVANAUGH.


SENTELLE, Chief Judge:

Petitioners, trade associations whose members are part of the petroleum and food industries, filed petitions for review of two EPA decisions approving the introduction of E15 — a blend of gasoline and 15 percent ethanol — for use in select motor vehicles and engines. Because we hold that no petitioner has standing to bring this action, we dismiss all petitions for lack of jurisdiction.

I. The Waiver Proceeding

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