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Renewable Fuels Standard Heads to Court

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The Environmental Protection Agency will be in Washington, D.C. Circuit Court starting Monday, as the court hears oral challenges to the 2014-2016 Renewable Fuels Standard Volumes. The RFS has supporters and detractors in both major political parties, so this case represents a rare nonpartisan issue for the EPA. The agency will have to defend itself against accusations that it set volumes for conventional biofuels, cellulosic biofuels, and biomass biodiesel too high or too low, depending on who is speaking at the time in the courtroom. The EPA will need to defend its waiver to set the conventional biofuel requirements below congressionally-set levels. The EPA will also argue it is under no obligation to change who must comply with the program.

EPA’s positions in this case maximize administrative flexibility for the agency, something that EPA Administrator Scott Pruitt likely wants to preserve. The Morning Energy Report also stressed that this is not an issue that began when Donald Trump was elected as it has been a debate for years.

Source: NAFB News Service