Center for Biological Diversity, et al. v. Environmental Protection Agency, et al., No. 11-1101, 2013 U.S. App. LEXIS 14108 (D.C. Cir. Jul. 12, 2013)

(court determined there was complete lack of statutory basis for exempting biogenic carbon dioxide from carbon emissions requirements; decision will result in ethanol fuel industry will be subject to carbon emissions regulations; ruling also applicable to paper and lumber manufacturers; court noted that atmosphere doesn't distinguish between CO2 molecules produced by fermenting plant matter to produce ethanol or by coal plant; since Supreme Court ruling in Massachusetts v. EPA where Court held that carbon dioxide could be regulated as air pollutant, argument was that EPA could not exempt biogenic carbon dioxide producers from regulations applicable to traditional carbon dioxide emitters).