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HUNT REF. v. U.S. ENVTL. PROT. AGENCY

No. 22-11617, No. 22-12535.

90 F.4th 1107 (2024)

HUNT REFINING COMPANY, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Hunt Refining Company, Petitioner, v. U.S. Environmental Protection Agency, Respondent.

United States Court of Appeals, Eleventh Circuit.

Filed: January 11, 2024.

Attorney(s) appearing for the Case

Jonathan Hardin , Alexandra Bromer , Michael Huston , Perkins Coie, LLP, Washington, DC, Gregory F. Miller , Perkins Coie, LLP, Seattle, WA, Karl J. Worsham , Perkins Coie, LLP, Phoenix, AZ, for Petitioner in No. 22-11617.

Jonathan Hardin , Michael Huston , Perkins Coie, LLP, Washington, DC, Karl J. Worsham , Perkins Coie, LLP, Phoenix, AZ, for Petitioner in No. 22-12535.

Patrick Jacobi , U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, Merrick B. Garland , U.S. Department of Justice, Washington, DC, Bryan James Harrison , U.S. Department of Justice, Environment & Natural Res. Div., Washington, DC, Todd Sunhwae Kim , U.S. Attorney General, U.S. Attorney General's Office, Washington, DC, Michael S. Regan , U.S. Environmental Protection Agency, Washington, DC, for Respondent.

Shelby Leigh Dyl, Pillsbury Winthrop Shaw Pittman, LLP, Washington, DC, David Lehn, Boies Schiller & Flexner, LLP, Washington, DC, for Amicus Curiae Growth Energy.

Shelby Leigh Dyl, Pillsbury Winthrop Shaw Pittman, LLP, Washington, DC, for Amici Curiae Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union.

Before Jordan, Lagoa, and Ed Carnes, Circuit Judges.

The Clean Air Act's Renewable Fuel Standard (RFS) program requires most domestic oil refineries to blend a certain amount of renewable fuels into the transportation fuels they produce each year. See 42 U.S.C. § 7545(o)(2). The program allows small refineries to petition the Environmental Protection Agency...

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