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SUNCOR ENERGY (U.S.A.), INC. v. UNITED STATES EPA

No. 19-9612.

50 F.4th 1339 (2022)

SUNCOR ENERGY (U.S.A.), INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

FILED October 17, 2022.

Attorney(s) appearing for the Case

Sean Marotta ( Danielle Desaulniers Stempel , with him on the briefs), Hogan Lovells US LLP, Washington, DC, appearing for Petitioner.

Caitlin McCusker , Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, DC ( Todd Kim , Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, and Susan Stahle , Attorney, Office of the General Counsel, United States Environmental Protection Agency, Washington, DC with her on the brief), appearing for Respondent.

Before HOLMES, Chief Judge, BRISCOE and MORITZ, Circuit Judges.

Petitioner Suncor Energy (U.S.A.) Inc. (Suncor) owns and operates two adjacent oil refining operations in Commerce City, Colorado. Those operations are commonly known as the East Refinery and the West Refinery. In December 2018, Suncor filed with the United States Environmental Protection Agency (EPA) two petitions, one for...

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