United States DC Circuit

In a petition for review of the EPA's volume requirements for renewable fuel and volume requirements for advanced biofuels, biomass-based diesel, and cellulosic biofuel, the petition is denied where: 1) where there are less drastic remedies available for an agency's failure to meet a statutory deadline, courts should not assume Congress intended for the agency to lose its power to act; and 2) to the extent the rules at issue may be retroactive, the EPA did not exceed its authority under the Energy Independence and Security Act.

Appellate Information

• Decided 12/21/2010
• Published 12/21/2010

Judges

• Judith Rogers

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert A. Long Jr., Daniel R. Dertke