by Cole Martin and Matthew Cope (Argus Media) A US court on Friday (November 1, 2024) will weigh some novel issues that could affect enforcement of the Renewable Fuel Standard (RFS), the federal program that sets minimum biofuel blending levels for domestic motor fuel supplies.
The Environmental Protection Agency (EPA) in last year's RFS regulation required refiners and importers to blend increasing volumes of renewable fuel from 2023-2025. But the rule differed from past obligations in a crucial way. While the RFS law set annual volume targets of cellulosic, advanced and conventional biofuels through 2022, it tasked EPA with setting volumes in subsequent years by balancing factors such as the environmental impacts of biofuels, energy security, expected production and consumer costs.
In a consolidated case to be heard Friday by the US Court of Appeals for the District of Columbia Circuit, environmental groups and oil refiners are separately challenging aspects of how the EPA applied those factors in setting 2023-25 volumes. The court has previously affirmed the legality of many RFS rules.
"Past cases always give you some perspective on how the DC court might see it," said Susan Lafferty, a partner at law firm Holland & Knight. "But the DC court could also say, ‘not relevant anymore because this is a different part of the statute that we are working with.'"
Refiners say EPA misapplied the criteria, upping compliance costs more than necessary by setting targets for cellulosic and conventional biofuels too high and targets for advanced biofuels too low. They also challenge EPA's balancing of potential impacts, noting that the agency assumed that all parties can easily pass the costs of compliance on to consumers. In a separate case this year, the DC Circuit discarded EPA rejections of program waiver petitions, in part because judges disagreed that refiners can easily pass on the cost of Renewable Identification Number (RIN) credits used to show compliance with the RFS program.
EPA used this pass-through theory in the 2023-2025 rule "like a magic wand, waving it around to dismiss any argument that the rule will cause harm", the American Fuel and Petrochemical Manufacturers and small refineries said in a case filing.
Lafferty expects the judges at Friday's hearing to probe the extent to which EPA's volumes relied on this pass-through theory, "a policy that now this very court has gutted."
Environmentalists have similarly targeted EPA's cost analysis, arguing that the agency downplayed the environmental drawbacks of growing crops for energy. The Center for Biological Diversity and the National Wildlife Federation argue that EPA has legal discretion to set post-2022 volumes for corn- and soybean-derived biofuels as low as zero.
EPA counters that the court owes the agency deference in evaluating scientific data and making predictive judgments. And biofuel groups that have intervened argue that the program is designed to require more biofuel production even if there are no formal volume requirements in law anymore.
While EPA's post-2022 authority to set blend mandates is a new issue, the DC Circuit has handled various cases about EPA's implementation and has generally been deferential to the agency's volume decisions. The court this year upheld 2020-2022 targets. In a 2019 decision, the court kept volumes in place, despite telling EPA to more deeply weigh endangered species impacts. While the court might take issue with some aspects of EPA's latest rule, including the agency's lateness in finalizing volumes, judges could again be reluctant to upend fuel markets if they find only small oversights.
Depending on how skeptical judges appear about EPA's arguments on Friday, the case could cause concern for biorefineries. A decision is expected next year, meaning any order for EPA to better justify its decisions or go back to the drawing board would likely fall to the next president's administration.
On the panel for Friday's hearing are two judges familiar with the program: Democratic appointee Cornelia Pillard, who wrote the opinion this year upholding 2020-2022 blend mandates, and Republican appointee Gregory Katsas, who dissented and said those volumes were excessive. The third judge on the panel is Democratic appointee J. Michelle Childs.
RINcrease or decrease READ MORE
Related articles
- Fed biofuel rules catch fire at DC Circuit: The EPA is pushing for more land for biofuel production. Critics say the environmental costs outweigh the benefits. (Courthouse News Service)
- Conservationists, Industry Assail Fuel Standards in D.C. Cir. (Bloomberg Law)
- DC Circuit weighs merits of EPA biofuels rule -- Refiners and environmental groups are challenging the costs and climate impacts of the renewable fuels program. (Politico Pro Greenwire)
- US Supreme Court to weigh in on proper judicial venue for SRE petitions (Biobased Diesel Daily)
Excerpt from Courthouse News Service: A D.C. Circuit panel on Friday expressed skepticism about a federal renewable-biofuel program, raising concerns over land usage and resulting impacts on the environment, wildlife and climate during nearly three hours of arguments.
...
Enter the Center for Biological Diversity and the National Wildlife Federation, two environmental groups that have challenged the EPA’s new rules for 2023-2025. Those rules would continue to increase production of biofuels, from 0.84 billion gallons in 2023 to 1.38 billion by 2025.
Because of this increase, the groups challenged the government’s determination that the new volume was unlikely to adversely affect the environment. They've urged the panel to vacate the EPA’s rule, forcing the agency to make a new determination on corn and soy volumes.
...
... EPA concluded the rule would “not injure a single individual of any listed species.”
...
The three-judge panel, made up of U.S. Circuit judges Cornelia Pillard, Michelle Childs and Gregory Katsas — two Barack Obama appointees and a Donald Trump appointee, respectively — seemed receptive to (Margaret) Coulter’s argument.
Justice Department attorney Alexander Purpuro, who represented the EPA in defending the new rule, asserting that the rule’s impact on water pollution would be marginal and outweighed by future benefits.
Pupuro said that the agency’s analysis showed that in one example, at the mouth of the Mississippi, the rule would lead to a mere 1% estimated increase in pollution and would have no detectable impact on any species there.
Still, the judges were skeptical. “I’m having a hard time seeing that as not just sweeping under the rug,” Pillard said.
Purpuro pushed back. The National Marine Fisheries Service determined that any potential downstream effects would be diluted as that pollution made its way to larger bodies of water, he argued.
...
Carrie Apfel, deputy managing attorney at Earthjustice, represented the National Wildlife Federation on Friday. She argued that the EPA’s environmental analysis was flawed in several ways.
The core issue, she said, was a failure to consider the opportunity cost of using farmland to grow corn and soy rather than putting it to alternative uses that could better combat climate change.
...
Using the land for biofuel production leads to land-clearing elsewhere for food production, she added — a further environmental impact that she said the government had ignored.
In his arguments, Purpuro said that the EPA had conducted an adequate opportunity cost analysis and found that the new rule would create economic benefits, such as job creation and lowered greenhouse gas emissions when compared to petroleum fuel production.
Pillard pressed Apfel and asked what else the EPA could have done in its analysis. The judge highlighted the agency’s review of scientific studies on the emissions from corn ethanol and soy diesel, which she said showed biofuels ultimately produce less emissions than petroleum.
But Apfel argue the EPA should have independently analyzed the underlying data from those studies, rather than accept them at face value. READ MORE
More than 50,000 articles in our online library!
Use the categories and tags listed below to access the nearly 50,000 articles indexed on this website.
Advanced Biofuels USA Policy Statements and Handouts!
- For Kids: Carbon Cycle Puzzle Page
- Why Ethanol? Why E85?
- Just A Minute 3-5 Minute Educational Videos
- 30/30 Online Presentations
- “Disappearing” Carbon Tax for Non-Renewable Fuels
- What’s the Difference between Biodiesel and Renewable (Green) Diesel? 2020 revision
- How to De-Fossilize Your Fleet: Suggestions for Fleet Managers Working on Sustainability Programs
- New Engine Technologies Could Produce Similar Mileage for All Ethanol Fuel Mixtures
- Action Plan for a Sustainable Advanced Biofuel Economy
- The Interaction of the Clean Air Act, California’s CAA Waiver, Corporate Average Fuel Economy Standards, Renewable Fuel Standards and California’s Low Carbon Fuel Standard
- Latest Data on Fuel Mileage and GHG Benefits of E30
- What Can I Do?
Donate
DonateARCHIVES
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- June 2007
- February 2007
- January 2007
- October 2006
- April 2006
- January 2006
- April 2005
- December 2004
- November 2004
- December 1987
CATEGORIES
- About Us
- Advanced Biofuels Call to Action
- Aviation Fuel/Sustainable Aviation Fuel (SAF)
- BioChemicals/Renewable Chemicals
- BioRefineries/Renewable Fuel Production
- Business News/Analysis
- Cooking Fuel
- Education
- 30/30 Online Presentations
- Competitions, Contests
- Earth Day 2021
- Earth Day 2022
- Earth Day 2023
- Earth Day 2024
- Executive Training
- Featured Study Programs
- Instagram TikTok Short Videos
- Internships
- Just a Minute
- K-12 Activities
- Mechanics training
- Online Courses
- Podcasts
- Scholarships/Fellowships
- Teacher Resources
- Technical Training
- Technician Training
- University/College Programs
- Events
- Coming Events
- Completed Events
- More Coming Events
- Requests for Speakers, Presentations, Posters
- Requests for Speakers, Presentations, Posters Completed
- Webinars/Online
- Webinars/Online Completed; often available on-demand
- Federal Agency/Executive Branch
- Agency for International Development (USAID)
- Agriculture (USDA)
- Commerce Department
- Commodity Futures Trading Commission
- Congressional Budget Office
- Defense (DOD)
- Air Force
- Army
- DARPA (Defense Advance Research Projects Agency)
- Defense Logistics Agency
- Marines
- Navy
- Education Department
- Energy (DOE)
- Environmental Protection Agency
- Federal Energy Regulatory Commission (FERC)
- Federal Reserve System
- Federal Trade Commission
- Food and Drug Administration
- General Services Administration
- Government Accountability Office (GAO)
- Health and Human Services (HHS)
- Homeland Security
- Housing and Urban Development (HUD)
- Interior Department
- International Trade Commission
- Joint Office of Energy and Transportation
- Justice (DOJ)
- Labor Department
- National Academy of Sciences
- National Aeronautics and Space Administration
- National Oceanic and Atmospheric Administration
- National Research Council
- National Science Foundation
- National Transportation Safety Board (NTSB)
- Occupational Safety and Health Administration
- Overseas Private Investment Corporation
- Patent and Trademark Office
- Securities and Exchange Commission
- State Department
- Surface Transportation Board
- Transportation (DOT)
- Federal Aviation Administration
- National Highway Traffic Safety Administration (NHTSA)
- Pipeline and Hazardous Materials Safety Admin (PHMSA)
- Treasury Department
- U.S. Trade Representative (USTR)
- White House
- Federal Legislation
- Federal Litigation
- Federal Regulation
- Feedstocks
- Agriculture/Food Processing Residues nonfield crop
- Alcohol/Ethanol/Isobutanol
- Algae/Other Aquatic Organisms/Seaweed
- Atmosphere
- Carbon Dioxide (CO2)
- Field/Orchard/Plantation Crops/Residues
- Forestry/Wood/Residues/Waste
- hydrogen
- Manure
- Methane/Biogas
- methanol/bio-/renewable methanol
- Not Agriculture
- RFNBO (Renewable Fuels of Non-Biological Origin)
- Seawater
- Sugars
- water
- Funding/Financing/Investing
- grants
- Green Jobs
- Green Racing
- Health Concerns/Benefits
- Heating Oil/Fuel
- History of Advanced Biofuels
- Infrastructure
- Aggregation
- Biofuels Engine Design
- Biorefinery/Fuel Production Infrastructure
- Carbon Capture/Storage/Use
- certification
- Deliver Dispense
- Farming/Growing
- Precursors/Biointermediates
- Preprocessing
- Pretreatment
- Terminals Transport Pipelines
- International
- Abu Dhabi
- Afghanistan
- Africa
- Albania
- Algeria
- Angola
- Antarctica
- Argentina
- Armenia
- Aruba
- Asia
- Asia Pacific
- Australia
- Austria
- Azerbaijan
- Bahamas
- Bahrain
- Bangladesh
- Barbados
- Belarus
- Belgium
- Beliz
- Benin
- Bermuda
- Bhutan
- Bolivia
- Bosnia and Herzegovina
- Botswana
- Brazil
- Brunei
- Bulgaria
- Burkina Faso
- Burundi
- Cambodia
- Cameroon
- Canada
- Caribbean
- Central African Republic
- Central America
- Chad
- Chile
- China
- Colombia
- Congo, Democratic Republic of
- Costa Rica
- Croatia
- Cuba
- Cyprus
- Czech Republic
- Denmark
- Dominican Republic
- Dubai
- Ecuador
- El Salvador
- Equatorial Guinea
- Eqypt
- Estonia
- Ethiopia
- European Union (EU)
- Fiji
- Finland
- France
- French Guiana
- Gabon
- Georgia
- Germany
- Ghana
- Global South
- Greece
- Greenland
- Guatemala
- Guinea
- Guyana
- Haiti
- Honduras
- Hong Kong
- Hungary
- Iceland
- India
- Indonesia
- Iran
- Iraq
- Ireland
- Israel
- Italy
- Ivory Coast
- Jamaica
- Japan
- Jersey
- Jordan
- Kazakhstan
- Kenya
- Korea
- Kosovo
- Kuwait
- Laos
- Latin America
- Latvia
- Lebanon
- Liberia
- Lithuania
- Luxembourg
- Macedonia
- Madagascar
- Malawi
- Malaysia
- Maldives
- Mali
- Malta
- Marshall Islands
- Mauritania
- Mauritius
- Mexico
- Middle East
- Monaco
- Mongolia
- Morocco
- Mozambique
- Myanmar/Burma
- Namibia
- Nepal
- Netherlands
- New Guinea
- New Zealand
- Nicaragua
- Niger
- Nigeria
- North Africa
- North Korea
- Northern Ireland
- Norway
- Oman
- Pakistan
- Panama
- Papua New Guinea
- Paraguay
- Peru
- Philippines
- Poland
- Portugal
- Qatar
- Romania
- Russia
- Rwanda
- Saudi Arabia
- Scotland
- Senegal
- Serbia
- Sierra Leone
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South America
- South Korea
- South Sudan
- Southeast Asia
- Spain
- Sri Lanka
- Sudan
- Suriname
- Swaziland
- Sweden
- Switzerland
- Taiwan
- Tanzania
- Thailand
- Timor-Leste
- Togo
- Trinidad and Tobago
- Tunisia
- Turkey
- Uganda
- UK (United Kingdom)
- Ukraine
- United Arab Emirates UAE
- Uruguay
- Uzbekistan
- Vatican
- Venezuela
- Vietnam
- Wales
- Zambia
- Zanzibar
- Zimbabwe
- Marine/Boat Bio and Renewable Fuel/MGO/MDO/SMF
- Marketing/Market Forces and Sales
- Opinions
- Organizations
- Original Writing, Opinions Advanced Biofuels USA
- Policy
- Presentations
- Biofuels Digest Conferences
- DOE Conferences
- Bioeconomy 2017
- Bioenergy2015
- Biomass2008
- Biomass2009
- Biomass2010
- Biomass2011
- Biomass2012
- Biomass2013
- Biomass2014
- DOE Project Peer Review
- Other Conferences/Events
- R & D Focus
- Carbon Capture/Storage/Use
- Co-Products
- Feedstock
- Logistics
- Performance
- Process
- Vehicle/Engine/Motor/Aircraft/Boiler
- Yeast
- Railroad/Train/Locomotive Fuel
- Resources
- Books Web Sites etc
- Business
- Definition of Advanced Biofuels
- Find Stuff
- Government Resources
- Scientific Resources
- Technical Resources
- Tools/Decision-Making
- Rocket/Missile Fuel
- Sponsors
- States
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawai'i
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Midwest
- Minnesota
- Mississippi
- Missouri
- Montana
- Native American tribal nation lands
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington DC
- West Coast
- West Virginia
- Wisconsin
- Wyoming
- Sustainability
- Uncategorized
- What You Can Do
tags
© 2008-2023 Copyright Advanced BioFuels USA. All Rights reserved.
Comments are closed.