Four Years Later, EPA Has Failed to Restore 500 Million Lost RIN Gallons

WASHINGTON. D.C – Today marks the four-year anniversary of the July 2017 ruling in Americans for Clean Energy v. EPA. The 2017 ruling required EPA to address its improper waiver of 500 million gallons for 2016 renewable fuel blending requirements under the Renewable Fuel Standard (RFS). To date, EPA has failed to reconsider the 2016 RVO and has not restored the 500 million lost RIN gallons. Growth Energy CEO Emily Skor released the following statement on the case:

“Four years ago to the day, EPA was directed by the D.C. Circuit Court of Appeals to address 500 million improperly waived gallons of biofuels,” said Skor. “This is a frustrating anniversary for America’s farmers and biofuel producers, as the Court has required EPA to update it on the status of these lost gallons on a regular basis, to no avail. EPA must take responsibility for these inappropriately waived gallons and follow the D.C. Circuit Court’s ruling. EPA owes it to America’s biofuel producers to return the gallons as a part of its commitment to cleaner, renewable fuel.”


In the July 2017 ruling in the case Americans for Clean Energy et al. v. EPA et al., the court invalidated the EPA’s improper waiver of 500 million gallons in the 2016 RVO rule and ordered EPA to revisit the rule. The court held that EPA’s interpretation of the “inadequate domestic supply” waiver provision “runs contrary to how the Renewable Fuel Program is supposed to work.”

Growth Energy joined a coalition of farm groups and biofuel producers that filed a motion in November of 2020 asking the court to enforce its 2017 decision, and in January 2021, rejected EPA’s excuses for delays.