Refiners clash with EPA, biofuels groups on RFS litigation

Source: By Inside EPA • Posted: Sunday, January 23, 2022

Refining industry groups are urging a federal appeals court to briefly pause litigation over EPA’s renewable fuel standard (RFS) biofuel blending volumes for 2020, opposing an agency push for an open-ended remand that would keep the rule in effect while EPA finalizes other rules that would upend the volumes regulation. EPA has asked the U.S. Court of Appeals for the District of Columbia Circuit for an indefinite remand without vacatur in the consolidated suit RFS Power Coalition, et al. v. EPA and to continue hearing several issues raised by refiners, such as their effort to move the program’s “point of obligation” from refiners to blenders of fuel. But in a Jan. 18 motion, “obligated party” petitioners American Petroleum Institute, Valero Energy Corporation, and American Fuel & Petrochemical Manufacturers ask the court to hold the case in abeyance until Feb. 7 pending fresh motions to govern proceedings.