George E. Warren Corp. v. United States Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
159 F.3d 616 (1998)
- Written by Eric Miller, JD
Facts
The United States Environmental Protection Agency (EPA) promulgated a rule to reduce air emissions by regulating reformulated gasoline. The designation of gasoline as reformulated required comparison to a baseline unreformulated state. Domestic refiners were given a choice of baselines, but because of a lack of data about foreign refiners, the EPA assigned certain baselines to foreign refiners rather than giving them a choice. A Venezuelan oil company challenged the EPA rule before the World Trade Organization (WTO) appellate body, arguing that the rule discriminated against importation of foreign gasoline in violation of WTO obligations. The WTO appellate body sent its report to the EPA, which responded by promulgating an amended rule that relaxed the previous rule’s assignment of baselines to foreign oil companies. Various challengers then petitioned the United States Court of Appeals for the District of Columbia Circuit for review of the EPA’s amended rule.
Rule of Law
Issue
Holding and Reasoning (Ginsburg, J.)
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