American Petroleum Institute v. United States Environmental Protection Agency

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The American Methanol Institute, the American Petroleum Institute, the National Petroleum Refiners Association, and the Oxygenated Fuels Association, Inc. (hereinafter “petitioners”) challenge the promulgation by the Environmental Protection Agency (“EPA”) of a renewable oxygenate requirement in its regulations for the reformulated gasoline program under the Clean Air Act. Upon review, we agree with petitioners that EPA lacked the authority to promulgate such a requirement.

I. BACKGROUND

In 1990, Congress established…