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SINCLAIR WYOMING REFINING CO. v. U.S. E.P.A.

No. 16-9532.

867 F.3d 1211 (2017)

SINCLAIR WYOMING REFINING COMPANY, and Sinclair Casper Refining Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. State of Wyoming, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 15, 2017.

Attorney(s) appearing for the Case

Jeffrey R. Holmstead ( Brittany M. Pemberton with him on the briefs) Bracewell LLP, Washington, D.C., for Petitioners.

Paul Cirino , Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice ( John C. Cruden , Assistant Attorney General, Jeffrey H. Wood , Acting Assistant Attorney General, and Susan Stahle , Of Counsel, United States Environmental Protection Agency, with him on the briefs) Washington, D.C., for Respondent.

Erik E. Peterson , Senior Assistant Attorney General, Wyoming Office of the Attorney General, Cheyenne, Wyoming, on briefs for Amicus Curiae.

Before TYMKOVICH, Chief Judge, LUCERO, and MORITZ, Circuit Judges.

In an amendment to the Clean Air Act (CAA), Congress directed the EPA to operate a Renewable Fuel Standards Program (the RFS Program) to increase oil refineries' use of renewable fuels. But for small refineries that would suffer a "disproportionate economic hardship" in complying with the RFS Program, the statute required...

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