AMERICAN PETROLEUM INSTITUTE v. E.P.A.

No. 12-1139.

706 F.3d 474 (2013)

AMERICAN PETROLEUM INSTITUTE, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Advanced Biofuels Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 2013.


Attorney(s) appearing for the Case

Robert A. Long, Jr. argued the cause for petitioner. With him on the brief were Kristen E. Eichensehr and Harry M. Ng.

Daniel R. Dertke , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.

John C. O'Quinn , William H. Burgess , Sandra P. Franco , David B. Salmons , and Bryan M. Killian were on the brief for intervenors.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.


WILLIAMS, Senior Circuit Judge.

This case arises out of Congress's command that the Environmental Protection Agency make predictions about a promising technology. While the program as a whole is plainly intended to promote that technology, we are not convinced that Congress meant for EPA to let that intent color its work as a predictor, to let the wish be father to the thought.

In 2005 and again in 2007, Congress amended the Clean Air Act ("Act") to...

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