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2013 RFS case decision welcomed

Hydrocarbon Engineering,

The US Court of Appeal for the District of Colombia Circuit has rejected a petition by Monroe Energy, LLC challenging the Environmental Protection Agency’s (EPA) 2013 RFS. Biotechnology Industry Organisation, Growth Energy and the Renewable Fuels Association intervened in the case.

The challenge

Following the EPA reduction in the cellulosic biofuel volume for 2013, Monroe Energy challenged the EPA’s decision not to reduce the renewable fuel and advanced biofuel volumes by the same or a lesser amount. The Court rejected Monroe’s argument that the EPA’s decision served no ‘statutory purpose,’ and reaffirmed Congress’s directive that EPA ensure that US transportation fuel contains at least the volumes provided in the statute. The Court also rejected Monroe’s attempts to revisit decisions about the RFS program that EPA made in earlier years, stating that ‘the time to challenge that decision has passed.’

Court ruling

The decision has been dubbed a victory for American consumers, renewable fuel advocates and the RFS program. The Court has rejected attempts of the anti biofuel parties to undermine the RFS in court. The RFS is arguably the nation’s most effective energy policy. It has spurred the development of a domestic biofuels industry that is creating hundreds of thousands of jobs that cannot be outsourced. In addition, it is providing environmental benefits, helping to decrease the nation’s reliance on imported oil, and reducing prices at the pump, as Congress intended.

Adapted from a press release by Emma McAleavey.

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