ERGON-WEST VIRGINIA, INCORPORATED v. EPA

No. 19-2128, No. 19-2148, No. 19-2152.

980 F.3d 403 (2020)

ERGON-WEST VIRGINIA, INCORPORATED, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. National Biodiesel Board; Producers of Renewables United for Integrity Truth and Transparency, Amici Supporting Respondent. Ergon-West Virginia, Incorporated, Petitioner, v. United States Environmental Protection Agency, Respondent. National Biodiesel Board; Producers of Renewables United for Integrity Truth and Transparency, Amici Supporting Respondent. Ergon-West Virginia, Incorporated, Petitioner, v. United States Environmental Protection Agency, Respondent. National Biodiesel Board; Producers of Renewables United for Integrity Truth and Transparency, Amici Supporting Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2020.


Attorney(s) appearing for the Case

ARGUED: Jonathan Grant Hardin , PERKINS COIE LLP, Washington, D.C., for Petitioner. Patrick Reinhold Jacobi , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Susan Stahle , Office of the General Counsel, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Washington, D.C., for Respondent. Bryan M. Killian , Douglas A. Hastings , MORGAN, LEWIS & BOCKIUS LLP, Washington, D.C., for Amicus National Biodiesel Board. Sandra P. Franco , FRANCO ENVIRONMENTAL LAW LLC, Washington, D.C., for Amicus Producers of Renewables United for Integrity Truth and Transparency.

Petition for review granted, final agency action vacated, and remanded for further proceedings by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge Thacker joined.


As part of the Clean Air Act, the Environmental Protection Agency ("EPA") administers a renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. Small refineries may petition to be exempt from the program's requirements based...

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