Court rules against EPA.
The American Coalition for Ethanol (ACE) is applauding the Friday, July 28, decision of the U.S. Circuit Court of Appeals for the District of Columbia that the Obama Environmental Protection Agency (EPA) erred in its interpretation of its authority to waive biofuel requirements that reduced the 2014-‘16 total Renewable Volume Obligations (RVOs) below what Congress intended under the Renewable Fuel Standard.
“ACE has consistently held firm that EPA does not have authority to use the so-called ‘blend wall’ excuse to reduce RFS volumes below statutory levels,” said Brian Jennings, ACE executive vice president. “Although we don’t yet know how EPA will handle the issue, the court victory is huge for establishing the precedent that the Clean Air Act cannot be used by EPA to ride brakes on ethanol use based on oil company market obstruction.”
Last week’s decision was in response to a petition for review of blending volumes for 2014, 2015 and 2016 filed by Americans for Clean Energy, et al. v. U.S. Environmental Protection Agency in January 2016. ACE along with Biotechnology Innovation Organization, Growth Energy, National Corn Growers Association, National Sorghum Producers, and Renewable Fuels Association filed this petition.
“ACE was the first organization to support enactment of the RFS in Congress,” Jennings said. “The court decision is a win for the farmers, ranchers, Main Street businesses, scientists, investors and renewable fuel producers who have worked hard to help EPA succeed in fulfilling the goals of the RFS. It’s also a win for consumers who deserve access to renewable fuels which are less expensive and cleaner than gasoline.”
ACE’s comments to EPA’s proposed RVOs for 2014, 2015 and 2016 were submitted in July of 2015.
On Aug. 1, EPA will hold a public hearing on proposed RVOs under the 2018 RFS in Washington, D.C. ACE’s legislative counsel, Jonathon Lehman, will testify.