We Will See You in Court

Source: By Anthony Adragna, Politico • Posted: Monday, April 24, 2017

WE WILL SEE RFS IN COURT: EPA will take on all comers in a legal brawl Monday as the D.C. Circuit holds oral arguments on challenges to the 2014-2016 Renewable Fuel Standard volumes. The case represents the rare nonpartisan issue for EPA, as the program has supporters and detractors among both parties. And while Administrator Scott Pruitt has asked judges to put other challenges to agency rules on hold, EPA’s positions in this case maximize administrative flexibility, a feature he likely wants to preserve.

State of play: As for specifics, EPA will defend itself against charges it set volumes for conventional biofuels, advanced cellulosic biofuels and biomass biodiesel either too high or too low, depending on who you ask. It will defend its waiver to set the conventional biofuel requirements below congressional levels; and it will argue it was under no obligation to change who must comply with the program. (Lest anyone think that issue started with Trump’s election, it’s been going on for years.)

And your refs for the day: Judges Janice Rogers Brown, Brett Kavanaugh (George W. Bush appointees) and Patricia Millett (Obama appointee) will hear the case. Arguments start at 9:30 a.m. at the E. Barrett Prettyman Courthouse.