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Biofuel Groups Look to Intervene in Legal Challenge to RFS


Growth Energy, the Biotechnology Industry Organization and Growth Energy have filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit to intervene in support of the Environmental Protection Agency’s Renewable Fuel Standard 2013 final rule. The rule is currently being challenged by Monroe Energy, the American Petroleum Institute and the American Fuel and Petrochemical Manufacturers. Growth Energy, BIO and RFA represent the broadest spectrum of biofuel producers, advanced biofuel technology developers and energy crop developers – all of whom depend on stable implementation of the RFS. The groups are asking to intervene in the lawsuit on behalf of their member companies – who have a direct and substantial interest in this case that can’t be adequately represented by any other party. The lawsuit seeks a reduction of the 2013 volume obligations for all renewable fuels – which the groups say would have a direct impact on the interests of their member companies. In the filing – made Friday – the groups stated that a reduction in the volumetric requirement for any type of renewable fuel under the RFS could affect the demand for other types of renewable fuels.

In January of this year – this same court upheld EPA’s authority to set advanced and cellulosic biofuel volume obligations at the maximum achievable level in order to achieve the intent of Congress to promote production and use of renewable fuels. Growth Energy, BIO and RFA will ask the court to reaffirm this finding.

 

Source: NAFB News Service