National Chicken Council, et al. v. Environmental Protection Agency, 687 F.3d 393 (D.C. Cir. 2012)

(plaintiffs, meat industry representatives, challenged EPA regulation that exempts ethanol plants where construction commenced on or before Dec. 19, 2007, from requirement that ethanol, to be considered a "renewable" fuel be produced from a plant that achieves at least a 20 percent reduction in "greenhouse gas" emissions; exemption part of governmental mandate requiring transportation fuel sold in U.S. to contain specified levels of ethanol; plaintiffs challenge rule on basis that it was ambiguous as to whether plants deemed to be in compliance for only 2008 and 2009 or indefinitely; EPA adopted latter interpretation; plaintiffs claim that such interpretation inconsistent with statutory text of Energy Independence Act of 2007 and base standing on basis that more ethanol production will occur under such interpretation than otherwise which will lead to higher corn prices and cause injury to plaintiffs; standing not established because, in court's view, plaintiffs failed to show "substantial probability" that qualifying ethanol plants would reduce their ethanol production as a result of adoption of other interpretation of regulation).