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AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS v. EPA

No. 17-1258 Consolidated with 18-1027, 18-1040, 18-1041.

937 F.3d 559 (2019)

AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Small Retailers Coalition, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 2019.

Attorney(s) appearing for the Case

Thomas A. Lorenzen , Washington, DC, and Samara L. Kline , Dallas, TX, argued the causes for Obligated Petitioners. Suzanne Murray argued the cause for petitioner-intervenor Small Retailers Coalition. With them on the briefs were Julie R. Domike , Michael J. Scanlon , Richard S. Moskowitz , Washington, DC, Robert J. Meyers , Elizabeth B. Dawson , Megan H. Berge , Lisa M. Jaeger , Brittany M. Pemberton , Washington, DC, and Clara Poffenberger . Evan A. Young , Austin, TX, entered an appearance.

Bryan M. Killian , Washington, DC, argued the cause for petitioner National Biodiesel Board. With him on the briefs was Douglas A. Hastings , Washington, DC.

Devorah Ancel argued the cause for Environmental Petitioners. With her on the briefs was Eric Huber .

Benjamin R. Carlisle , Attorney, and Michael R. Eitel , Senior Trial Attorney, U.S. Department of Justice, argued the causes for respondent. With them on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, Jonathan D. Brightbill , Deputy Assistant Attorney General, and David P.W. Orlin , Attorney, U.S. Environmental Protection Agency.

Thomas Allen Lorenzen , Washington, DC, argued the cause for intervenors in support of respondent responding to National Biodiesel Board. With him on the brief were Robert A. Long Jr. , Washington, DC, Kevin King , Stacy Linden , Richard S. Moskowitz , Washington, DC, Robert J. Meyers , and Elizabeth B. Dawson , Washington, DC. David Y. Chung and John P. Wagner entered appearances.

Seth P. Waxman , Washington, DC, David M. Lehn , Greenwich, CT, Saurabh Sanghvi , Claire H. Chung , Robert A. Long, Jr. , Kevin King , Matthew W. Morrison , Bryan M. Stockton , Bryan M. Killian , and Douglas A. Hastings , Washington, DC, were on the brief for intervenors Growth Energy, et al. in support of respondent.

Matthew W. Morrison , Washington, DC, Bryan M. Stockman , Seth P. Waxman , Washington, DC, David M. Lehn , Greenwich, CT, Saurabh Sanghvi , Claire H. Chung , Bryan M. Killian , and Douglas A. Hastings , Washington, DC, were on the brief for intervenors Renewable Fuels Association, et al. in support of respondent.

Before: Henderson, Tatel, and Griffith, Circuit Judges.

The Clean Air Act's Renewable Fuel Program mandates that certain amounts of renewable fuel must be introduced into the U.S. fuel supply each year. In late 2017, the EPA promulgated its final 2018 Rule, which, as in previous years, established overall targets for the fuel market and imposed individual compliance obligations on fuel refineries...

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