Court approves agreement requiring EPA to finalize RVOs by June 3

By Erin Voegele | April 25, 2022

The U.S. District Court for the District of Columbia on April 22 approved a consent decree that requires the U.S. EPA to finalize its 2020-2022 renewable fuel obligations (RVOs) under the Renewable Fuel Standard by June 3, 2022.

The order issued by the court approving the consent decree is related to a legal challenge filed by Growth Energy on Feb. 8 seeking an injunction requiring the EPA to promptly promulgate RVOs for 2021 and 2022. Growth Energy pursued the legal challenge after multiple notices of intent to sue the agency over delays in setting RFS RVOs.

The EPA published a notice of proposed consent decree in the Federal Register on Feb. 23 . That notice was subject to a 30-day comment period that closed March 25.

The court’s April 22 action follows a joint motion filed by the EPA and Growth Energy on April 14 urging the court to approve the proposed consent decree.

Rulemaking to establish the 2021 and 2022 RVOs is already underway. The EPA in December issued a proposed rule that aims to set 2021 and 2022 RVOs, as well as revise the previously finalized 2020 RVO. A public comment period on the proposal closed Feb. 4.

Growth energy issued a statement in support of the court’s approval. “We are encouraged by EPA’s commitment to this deadline, as it gives more credence to the agency’s stated intention to get the RFS back on track by providing regulated parties and the biofuels industry with timely guideposts to enhance market certainty and incentivize innovation for biofuels,” said Emily Skor, CEO of Growth Energy. “This is particularly important as EPA moves to consider the blending obligations for the already-delayed RFS ‘Set’ in the year ahead.” 

“This agreement is a significant milestone for the biofuels industry and reflects our persistent efforts to hold EPA accountable to issue timely RVOs and provide market certainty for biofuel producers.” 

 

 

 
 
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