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KLEIN v. U.S. DEPT. OF ENERGY

No. 13-1165.

753 F.3d 576 (2014)

Larry KLEIN and Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY and Frontier Renewable Resources, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2014.

Attorney(s) appearing for the Case

ARGUED: Marianne G. Dugan , Eugene, Oregon, for Appellants. J. David Gunter II, United States Department of Justice, Washington, D.C., for Federal Appellee. ON BRIEF: Marianne G. Dugan , Eugene, Oregon, for Appellants. J. David Gunter II , United States Department of Justice, Washington, D.C., for Federal Appellee. Daniel P. Ettinger , Gaëtan Gerville-Ráche , Warner Norcross & Judd LLP, Grand Rapids, Michigan for Appellee Frontier Renewable.

BEFORE: MERRITT, SUTTON and STRANCH, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which MERRITT and STRANCH, JJ., concurred. STRANCH, J. (pp. 585-87), delivered a separate concurrence.

OPINION

SUTTON, Circuit Judge.

In connection with an alternative energy program created by Congress, Frontier Renewable Resources sought funding from the United States Department of Energy to build a plant in the Upper Peninsula of Michigan that would convert lumber into ethanol. The federal program...

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