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National Petrochemical & Refiners Ass’s v. EPA
United States Court of Appeals for the District of Columbia Circuit
630 F.3d 145 (2010)
The Renewable Fuels Act of 2005 created annual volume standards for the use of biofuels. The Environmental Protection Agency (EPA) (defendant) was required to set biofuel-use requirements for petroleum companies to meet the annual volume standards. In 2007 Congress enacted the Energy Independence and Security Act (EISA) and increased the annual biofuel-volume standards. The EISA set deadlines for regulations that the EPA realized it could not meet. To ensure compliance with 2009 requirements, the EPA combined the 2009 and 2010 compliance periods, and in 2010 the EPA required petroleum companies to meet their standards for the two-year period. The EPA published a notice about this change in requirements in 2008 and early 2009 to forewarn the petroleum companies. The National Petrochemical & Refiners Association (the Association) (plaintiff) challenged the EPA’s authority to promulgate the regulation, classifying it as a retroactive regulation.
Rule of Law
Holding and Reasoning (Rogers, J.)
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