Description: Challenge to 2018 Renewable Fuel Standards rule.
Valero Energy Corp. v. EPA
Filing Date Type File Action Taken Summary 05/18/2020 Order List Download Certiorari denied. Supreme Court Declined to Consider Cases Raising “Point of Obligation” Issue in Renewal Fuels Program. The U.S. Supreme Court denied a petition for writ of certiorari seeking review of the D.C. Circuit’s decisions in three cases that concerned the U.S. Environmental Protection Agency’s (EPA’s) annual determination of obligations in the Renewable Fuel Standard program. American Fuel & Petrochemical Manufacturers and Valero Energy Corporation had sought the Court’s review of the issue of whether EPA was required to consider the appropriate “point of obligation”—the parties to whom the obligations should apply (refineries, blenders, or importers)—on an annual basis. 04/20/2020 Reply Download Reply filed by petitioners. 04/03/2020 Opposition Download Brief filed by respondent in opposition to petition for writ of certiorari. 12/30/2019 Petition for Writ of Certiorari Download Petition for writ of certiorari filed by Valero Energy Corporation and American Fuel & Petrochemical Manufacturers.
American Fuel & Petrochemical Manufacturers v. EPA
Filing Date Type File Action Taken Summary 09/06/2019 Opinion Download Petitions for review filed by American Fuel & Petrochemical Manufacturers, Valero Energy Corporation, and National Biodiesel Board denied and environmental petitioners' petition for review granted; 2018 rule remanded without vacatur. D.C. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards. The D.C. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to the U.S. Environmental Protection Agency (EPA) after finding that EPA failed to comply with requirements of the Endangered Species Act. The court said EPA should have consulted with the U.S. Fish and Wildlife Service or National Marine Fisheries Service and made a finding as to whether the Renewable Fuel Standard would affect listed species. The court upheld other aspects of the 2018 standards, including the applicable volumes, restrictions on the use of Renewable Identification Numbers for fuel that is exported, and EPA’s accounting for small refinery exemptions. EPA remanded the standards but did not vacate the rule.