Ethyl Corporation v. Carol M. Browner, Administrator, U.S. Environmental Protection Agency and U.S. Environmental Protection Agency

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

STEPHEN F. WILLIAMS, Circuit Judge:

Ethyl Corporation seeks review of the Environmental Protection Agency’s denial of Ethyl’s application for a waiver for a fuel additive, MMT, 1 a manganese-based additive designed to prevent auto engine knocking. See § 211(f)(4) of the Clean Air Act, 42 U.S.C. § 7545(f)(4). The Administrator acknowledges that evidence developed since denial of the waiver has undermined the stated basis for denial, and asks that we remand the matter to the Agency for further consideration, including review of…