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Valero Energy Corp. v. Environmental Protection Agency

ELR Citation: 49 ELR 20111
Nos. 18-1028, (D.C. Cir., 06/25/2019)

The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for gasoline. The refiner argued that the Agency incorrectly interpreted the Act's periodic review obligations and erroneously concluded that it had met the obligations. The court concluded the Agency's interpretation did not constitute a final agency action because it did not impose any new legal obligations or change the status quo, and thus was unreviewable. It therefore dismissed the refiner's petition.