Americans for Clean Energy and Other Parties Challenge EPA Rule on Renewable Fuel Standards

• On Friday, January 8, 2016, Americans for Clean Energy and other parties jointly petitioned the U.S. Court of Appeals for the District of Columbia Circuit to hear a challenge to EPA’s Renewable Fuel Standards for 2014, 2015, and 2016.

• The petitioners are Americans for Clean Energy; American Coalition for Ethanol; Biotechnology Innovation Organization; Growth Energy; National Corn Growers Association; National Sorghum Producers; and the Renewable Fuels Association.

• A preliminary, non-binding listing of issues to be raised in the court of appeals will be filed at a later date.

• Among other things, the petitioners intend to demonstrate that EPA’s interpretation of its general waiver authority under the Renewable Fuel Standard statute [42 U.S.C. § 7545(o)(7)(A)] was contrary to the statute.

• By focusing on fuel distribution capacity and demand rather than supply, and by failing to consider surplus RINs from prior years, the Agency erroneously concluded that there was an inadequate supply of renewable fuel to justify a waiver of the levels established by Congress.

• The petitioners also plan to point out other fundamental flaws and inconsistencies in the government’s rule.

• The petitioners look forward to presenting their arguments to the court of appeals to provide clarity and certainty to market participants concerning the requirements of the statute.

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