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UNITED REFINING v. UNITED STATES EPA

No. 21-3218.

64 F.4th 448 (2023)

UNITED REFINING COMPANY, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.

United States Court of Appeals, Third Circuit.

(Filed April 5, 2023).

Attorney(s) appearing for the Case

Mark W. DeLaquil , [Argued], Baker & Hostetler, 1050 Connecticut Avenue, N.W., Suite 1100, Washington, DC 20036, Counsel for Petitioner.

Patrick R. Jacobi [Argued], United States Department of Justice, Environmental Defense Section, 999 18th Street, South Terrace, Suite 370, Denver, CO 80202, Counsel for Respondent.

Before: RESTREPO, McKEE, and SMITH, Circuit Judges.

OPINION OF THE COURT

Petitioner United Refining Co. ("United") challenges the Environmental Protection Agency's ("EPA") denial of United's request for a hardship exemption from EPA's Renewable Fuel Standard program. United chiefly argues that EPA arbitrarily relied on what United characterizes as an "accounting trick...

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