Biofuel groups file an intervenors' brief in API lawsuit over RFS

By The Renewable Fuels Association | September 05, 2012

Seven biofuel organizations filed an intervenors brief on Sept. 4 in the American Petroleum Institute case against the U.S. EPA challenging the 2012 cellulosic and advanced biofuel requirements under the renewable fuel standard (RFS). The groups are defending EPA's ability to set cellulosic and advance biofuels targets that are based on market data and seek to spur development, as consistent with the RFS as passed by Congress.  The groups include the Advanced Biofuels Association, the Advanced Ethanol Council, the American Coalition for Ethanol, the Biotechnology Industry Organization, Growth Energy, the National Biodiesel Board, and the Renewable Fuels Association.

In the brief, the groups argued that "[f]or the 2012 cellulosic biofuel requirement, EPA reasonably based its analysis on EIA's projection, but then took into account more specific information it had from individual facilities. Precedent makes clear that EPA can adopt standards calculated to spur development, consistent with Congress's express statutory objectives."  Ultimately it is EPA who "is charged with judging credibility and weighing the record evidence."

Likewise, the brief supports EPA's determination to retain the overall advanced biofuels mandate as "well within its discretion.  Nothing in the statute requires EPA to make specific 'numerical projections' for each advanced biofuel before deciding to maintain the congressionally-mandated overall volume" as API argues.

The case will be heard before the U.S. Court of Appeals for the District of Columbia Circuit. No oral arguments have been scheduled.


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