AMERICANS FOR CLEAN ENERGY, et al., Petitioners
v.
ENVIRONMENTAL PROTECTION AGENCY and E. Scott Pruitt, Administrator, Respondents.
E.I. du Pont de Nemours and Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Jerome C. Muys, Jr. , Washington, DC, was on the brief for amici curiae American Soybean Association, et al., in support of petitioners Americans for Clean Energy, et al., and National Biodiesel Board.
Suzanne Murray , Jeremy Kernodle , and Alec Zacaroli , Washington, DC, were on the brief for amicus curiae Small Retailers Coalition in support of Obligated Party Petitioners on the point of obligation issue.
Lee M. Smithyman , Overland Park, KS, was on the brief for amicus curiae CVR Energy, Inc., in support of Obligated Party Petitioners on the point of obligation issue.
Samara M. Spence , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were John C. Cruden , Assistant Attorney General at the time the brief was filed, and Lisa M. Bell , Attorney.
Before: Brown, Kavanaugh, and Millett, Circuit Judges.
Kavanaugh, Circuit Judge:
The Clean Air Act's Renewable Fuel Program requires an increasing amount of renewable fuel to be introduced into the Nation's transportation fuel supply each year. See 42 U.S.C. § 7545(o). By mandating the replacement — at least to a certain degree — of fossil fuel with renewable fuel, Congress...
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