EPA Criticized in RFS Case

Attorneys representing the renewable fuels and petroleum industries argued in federal appeals court Monday on the role the U.S. Environmental Protection Agency has in implementing the Renewable Fuel Standard.  In oral arguments before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit in Washington, attorneys defending the EPA made the case that the agency has to consider a number of factors when setting renewable volume obligations.Attorneys for a variety of biofuels interest groups argued the agency has not done in its job of setting biofuels volumes high enough according to the statute.Seth Waxman, an attorney for Americans for Clean Energy, told the court EPA's limited role is to set biofuels volumes.Between 2014 and 2016, EPA set volumes below statute for many biofuels categories, prompting a number of biofuels groups and obligated parties in the RFS to sue the agency.Part of EPA's decision to set volumes lower was based on what the agency said was inadequate supply of biofuels.The biofuels industry has maintained the RFS obligations can be met through the sale and purchase of renewable identification numbers, or RINs, as well as actual biofuels gallons."Congress' clear judgement was that so long as renewable fuels are available, requirements must be met," Waxman said.