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AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS v. EPA

No. 19-1124 Consolidated with 19-1159, 19-1160, 19-1162.

3 F.4th 373 (2021)

AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Growth Energy, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2021.

Attorney(s) appearing for the Case

Kevin F. King and Elizabeth B. Dawson argued the causes for the Industry Petitioners. With them on the briefs were Thomas A. Lorenzen , Robert J. Meyers , Richard S. Moskowitz , Robert A. Long, Jr. , Thomas R. Brugato , Carlton Forbes , and John Wagner .

Jonathan Berry argued the cause for petitioners Urban Air Initiative, et al. With him on the briefs were C. Boyden Gray and James R. Conde .

Suzanne Beaudette Murray argued the cause for Small Retailers Coalition Petitioners. With her on the briefs was Michael J. Scanlon .

Perry M. Rosen , Senior Attorney, U.S. Department of Justice, argued the causes for the respondent. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Jonathan D. Brightbill , Principal Deputy Assistant Attorney General.

Ethan G. Shenkman argued the cause for intervenors Growth Energy, et al. in support of respondent. With him on the joint brief were Matthew W. Morrison , Shelby L. Dyl , Jonathan S. Martel , William C. Perdue , Seth P. Waxman , Brian M. Boynton , and David M. Lehn .

Elizabeth B. Dawson argued the causes for intervenor American Fuel & Petrochemical Manufacturers in support of respondent. With her on the brief were Thomas A. Lorenzen , Robert J. Meyers , and Richard S. Moskowitz .

Before: Rogers, Pillard and Wilkins, Circuit Judges.

In October 2018, the President directed the Environmental Protection Agency "to initiate a rulemaking to consider expanding Reid Vapor Pressure waivers for fuel blends containing gasoline and up to 15 percent ethanol," also known as E15, and to "increase transparency in the Renewable Identification Number (RIN) market," a...

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