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MONROE ENERGY, LLC v. E.P.A.

Nos. 13-1265, 13-1267, 13-1268.

750 F.3d 909 (2014)

MONROE ENERGY, LLC, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent PBF Holding Company LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 2014.

Attorney(s) appearing for the Case

David W. DeBruin argued the cause for petitioner Monroe Energy, LLC. With him on the briefs were Marc A. Goldman and Matthew E. Price.

Robert A. Long Jr. argued the cause for petitioners American Petroleum Institute and American Fuel & Petrochemical Manufacturers. With him on the briefs were Kristen E. Eichensehr , Harry M. Ng , Chet M. Thompson , Robert Meyers , David Y. Chung , and Richard Moskowitz.

Bart E. Cassidy , Katherine L. Vaccaro , and Bryan P. Franny were on the brief for petitioner-intervenor PBF Holding Company LLC in support of petitioner.

Lisa M. Bell and Brian H. Lynk , Attorneys, U.S. Department of Justice, argued the causes for respondent. With them on the brief was Robert G. Dreher , Acting Assistant Attorney General. Jessica O'Donnell , Attorney, entered an appearance.

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

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The petition for review challenges the 2013 Renewable Fuel Standards issued pursuant to section 211(o) of the Clean Air Act, 42 U.S.C. § 7545(o). See Regulation of Fuels and Fuel Additives: 2013 Renewable Fuel Standards, 78 Fed.Reg. 49,794 (Aug. 15, 2013) ("Final Rule"). These standards are part of Congress' effort "[t]o move the United States toward greater energy independence and security, to increase the production...

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