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GROWTH ENERGY v. E.P.A.

No. 19-1023 Consolidated with 19-1027, 19-1032, 19-1033, 19-1035, 19-1036, 19-1037, 19-1038, 19-1039.

5 F.4th 1 (2021)

GROWTH ENERGY, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Michael S. Regan, Administrator, Respondents American Fuel & Petrochemical Manufacturers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2021.

Attorney(s) appearing for the Case

David M. Lehn , Douglas A. Hastings , and David M. Williamson argued the causes for the Renewable Fuels Producers. With them on the briefs were Bryan M. Killian , Jerome C. Muys, Jr. , Sandra P. Franco , Seth P. Waxman , Saurabh Sanghvi , and Claire H. Chung.

Amir C. Tayrani argued the cause for Obligated Parties. With him on the briefs were Samara L. Kline , Lisa M. Jaeger , Brittany M. Pemberton , Clara Poffenberger , Richard S. Moskowitz , Robert J. Meyers , Thomas A. Lorenzen , Elizabeth B. Dawson , Suzanne Murray , Michael J. Scanlon , and Lochlan F. Shelfer.   Evan A. Young entered an appearance.

Carrie Apfel argued the cause for Environmental petitioners. With her on the briefs were Peter Lehner and Surbhi Sarang.

Tsuki Hoshijima , Benjamin R. Carlisle , and Michael R. Eitel , Attorneys, U.S. Department of Justice, argued the causes for respondents. With them on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Jonathan D. Brightbill , Principal Deputy Assistant Attorney General.

Elizabeth B. Dawson argued the cause for intervenors American Fuel & Petrochemical Manufacturers, et al. in support of respondents. With her on the brief were Thomas A. Lorenzen , Robert J. Meyers , Richard S. Moskowitz , Amir C. Tayrani , Lochlan F. Shelfer , Robert A. Long, Jr. , Kevin F. King , Thomas R. Brugato , Carlton Forbes , and John Wagner.   Stacy R. Linden entered an appearance.

Bryan M. Killian , Douglas A. Hastings , Seth P. Waxman , David M. Lehn , Saurabh Sanghvi , Claire H. Chung , Ethan G. Shenkman , Robert A. Long, Jr. , Kevin F. King , and Thomas R. Brugato were on the brief for intervenors Growth Energy, et al. in support of respondents.

Before: Srinivasan, Chief Judge, and Rogers and Garland, Circuit Judges.

To move the United States towards greater reliance on clean energy, the Clean Air Act's Renewable Fuel Standard Program calls for annual increases in the amount of renewable fuel introduced into the U.S. fuel supply. The statute sets annual targets for renewable fuel volumes, and each year, the Environmental Protection Agency implements those...

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