RENEWABLE FUELS ASSOCIATION v. UNITED STATES EPA

No. 18-9533.

948 F.3d 1206 (2020)

RENEWABLE FUELS ASSOCIATION; American Coalition for Ethanol; National Corn Growers Association; National Farmers Union, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and HollyFrontier Cheyenne Refining, LLC; HollyFrontier Refining and Marketing, LLC; HollyFrontier Woods Cross Refining, LLC; Wynnewood Refining Company, LLC, Intervenors-Respondents. The American Fuel and Petrochemical Manufacturers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED January 24, 2020.


Attorney(s) appearing for the Case

Matthew W. Morrison ( Cynthia Cook Robertson and Bryan M. Stockton , with him on the briefs), Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, appearing for Petitioners.

Patrick R. Jacobi , Environmental Defense Section, United States Department of Justice, Denver, Colorado ( Jeffrey Bossert Clark , Assistant Attorney General, and Susan Stahle , Office of the General Counsel, United States Environmental Protection Agency, Washington, DC, with him on the briefs), appearing for Respondents.

Peter D. Keisler ( C. Fredrick Beckner, III , Ryan C. Morris , and Peter C. Whitfield , with him on the briefs), Sidley Austin, LLP, Washington, DC, appearing for Respondents HollyFrontier Cheyenne Refining, LLC, HollyFrontier Refining & Marketing, LLC, and HollyFrontier Woods Cross Refining, LLC.

Brian H. Potts and Jonathan G. Hardin , Perkins Coie LLP, Madison, Wisconsin, on the briefs for Respondent Wynnewood Refining Company, LLC.

Richard S. Moskowitz , American Fuel & Pertrochemical Manufacturers, Washington, DC, and Robert J. Meyers and Thomas A. Lorenzen , Crowell & Moring, LLP, Washington, DC, filed an Amicus Curiae brief for American Fuel & Petrochemical Manufacturers, in support of Respondent.

Before BRISCOE, KELLY, and LUCERO, Circuit Judges.


I. THE CLEAN AIR ACT, RENEWABLE FUELS, AND SMALL REFINERIES...1215

A. LEGISLATIVE AND EXECUTIVE HISTORY...1215

B. REGULATIONS AND POST-ENACTMENT HISTORY...1219

C. THE EXEMPTION EXTENSION PETITIONS...1226

1. CHEYENNE ...1227

2. WOODS CROSS ...1228

3. WYNNEWOOD...1229

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