Energy

Biofuels groups are outlining their legal attacks on EPA’s decision to grant dozens of renewable fuel standard (RFS) compliance waivers to small refiners in 2019, claiming the agency’s approach exceeded its authority under the Clean Air Act and also violated the Administrative Procedure Act (APA) for granting the waivers without a “rational basis.”

Industry, states and environmentalists are sparring over EPA’s proposal to adjust vehicle greenhouse gas compliance calculations to account for its updated test fuel, with the industry questioning the legality of the agency proceeding with its primary plan while states and others arguing a failure to do so would undermine emissions rules.

The U.S. Court of Appeals for the 5th Circuit has rejected environmentalists’ bid to rehear a ruling upholding EPA’s narrow view of Title V air permit reviews, a move that appears to widen a split with the 10th Circuit, which recently backed a broader approach to permit reviews including greater agency oversight of state air regulators’ decisions.

The U.S. Court of Appeals for the District of Columbia Circuit has upheld EPA’s decision to reject biofuels producer POET’s request for credit under the renewable fuel standard (RFS) for its method of producing cellulosic ethanol, rejecting the company’s challenge largely by deferring to the agency’s technical judgment.