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PORT HAMILTON REFINING AND TRANSP. v. U.S. EPA

No. 23-1094.

75 F.4th 166 (2023)

PORT HAMILTON REFINING AND TRANSPORTATION, LLLP, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY.

United States Court of Appeals, Third Circuit.

Filed: July 25, 2023.

Attorney(s) appearing for the Case

Andrew C. Simpson [ARGUED], Andrew C. Simpson Law Offices, 2191 Church Street, Suite 5, Christiansted, VI 00820, Counsel for Petitioner Port Hamilton Refining and Transportation LLLP.

Todd S. Kim , Heather E. Gange [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, Counsel for Respondent United States Environmental Protection Agency.

Michael R. Harris [ARGUED], Rajeev Venkat , Vermont Law School, 164 Chelsea Street, South Royalton, VT 05068, Counsel for Amici-respondent Sierra Club, St Croix Environmental Association, Center for Biological Diversity.

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

OPINION OF THE COURT

Petitioner Port Hamilton Refining and Transportation, LLLP (Port Hamilton or the company) purchased an existing petroleum refinery located on St. Croix (Refinery) at a bankruptcy auction in December 2021. Port Hamilton hoped to resume operations at the Refinery, which had for decades served as...

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