American Petroleum Institute v. U.S. Environmental Protection Agency

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Automobile engines emit volatile organic compounds (“VOCs”), which together with nitrogen oxides (“NOx”) form ozone. Reformulated gasoline (“RFG”) can reduce VOCs emissions compared to levels associated with ordinary gasoline; but it costs more, and there is some concern about the nation’s current RFG production capacity. See 42 U.S.C. § 7545(k)(6)(B) (1994) (creating special provisions that operate in the event of insufficient capacity). In guiding the efforts of the Environmental Protection…