Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. Environmental Protection Agency

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

Petitioners1 seek review of a decision of the Administrator of the Environmental *270Protection Agency (the “Administrator” or the “EPA”) to grant a waiver of the Clean Air Act’s (the “Act”) restrictions on new fuels or fuel additives, see 42 U.S.C. § 7545(f)(4), to American Methyl Corporation 2 for a proprietary fuel known as Petrocoal. Finding that the EPA’s decision to grant the waiver was arbitrary, capricious and an abuse of discretion, we vacate the Petrocoal waiver and remand to the agency for further proceedings…