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POET BIOREFINING, LLC v. EPA

No. 19-1139.

970 F.3d 392 (2020)

POET BIOREFINING, LLC, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 2020.

Attorney(s) appearing for the Case

Seth P. Waxman argued the cause for petitioners. With him on the briefs were Brian M. Boynton , David M. Lehn , Paul Vanderslice , Ethan G. Shenkman , Jonathan S. Martel , William C. Perdue , and Sally L. Pei .

Paul E. Salamanca , Attorney, U.S. Department of Justice, argued the cause for respondents. On the brief were Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, and Kate R. Bowers , Attorney. Perry Rosen , Attorney, entered an appearance.

Opinion concurring in part and dissenting in part filed by Circuit Judge Henderson.

Cellulosic biofuel is a renewable fuel derived from plant fibers like switchgrass or the husks of corn kernels, and it produces the least lifecycle greenhouse gas emissions of the four renewable fuels promoted by the Clean Air Act's Renewable Fuel Standard program. See 42 U.S.C. § 7545(o)(1). Quantifying...

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