EPA Directed to Report on 2017 Court Order

Source: By Cindy Zimmerman, Ethanol Producer Magazine • Posted: Sunday, January 31, 2021

The U.S. Court of Appeals for the District of Columbia Circuit is directing the Environmental Protection Agency to submit a status report every 60 days “on its progress in complying with the court’s remand” stemming from the July 2017 ruling in a case regarding the improper waiver of 500 million gallons of 2016 renewable fuel blending requirements under the Renewable Fuel Standard.

Wednesday’s order was in response to a motion filed late last year by biofuel and farm organizations asking the court to enforce its 2017 decision by requiring EPA to fully restore the 500 million gallons. The court denied that motion but the coalition, which includes the Renewable Fuels Association, Growth Energy, National Biodiesel Board, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union, and National Sorghum Producers, is pleased to see some action being taken.

“While we are disappointed by the court’s order on our motion, we are glad to see that the court is holding EPA accountable by requiring it to submit a report every 60 days on the status of the court’s remand on the improper waiver. This time of transition provides EPA the opportunity to move boldly and address prior missteps when it comes to the need for a low-carbon future for our nation’s fuel supply; adjusting quickly for the court-ordered remand would do just that. America’s biofuel producers, rural communities and farm families look forward to working with EPA and the Biden administration to make progress on restoring integrity and growth to the RFS.”

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