Description: Challenge to EPA’s denial of petitions to waive cellulosic biofuel component of renewable fuel standard for 2011.
American Fuel & Petrochemical Manufacturers v. EPA
Filing Date Type File Action Taken Summary 04/03/2013 Motion Download Motion filed by EPA for voluntary remand and stay. EPA and its administrator moved for voluntary remand to permit reevaluation and revisions as appropriate of EPA's May 22, 2012 decision to deny a petition to reconsider the 2011 renewable fuel standard for cellulosic biofuel. EPA made this motion after the D.C. Circuit ,a href="http://climatecasechart.com/case/american-petroleum-institute-v-epa-3/">vacated the cellulosic biofuel portion of the 2012 renewable fuel standard in January 2013. EPA said it had based its denial of the petition for reconsideration of the 2011 standard on the same methodology that the D.C. Circuit found unreasonable in the proceeding concerning the 2012 standard. 06/12/2012 Petition for Review Petition for review filed. Two energy industry groups filed a lawsuit challenging EPA’s renewable fuel standards, specifically the agency’s decision to require refiners to blend fuel with ethanol or pay the agency for waiver credits. The lawsuit was filed after EPA denied a petition from the groups seeking a waiver of the 2011 cellulosic fuel requirements under the standard. According to the petition, EPA’s data revealed that no cellulosic fuel was available during 2011. The lawsuit alleged that the waiver denial amounted to a hidden fuel tax to consumers because it forced refiners to purchase credits representing a fuel that was inaccessible. In denying the petition, EPA said that the organizations had ample opportunity to raise their arguments in response to the two notices of proposed rulemaking but failed to do so.
American Petroleum Institute v. EPA
Filing Date Type File Action Taken Summary 12/17/2012 Order Download Order issued granting motion to dismiss in part. The D.C. Circuit partially dismissed a lawsuit challenging EPA’s renewable fuel standard for 2011, holding that the industry group that filed the lawsuit did not file it within 60 days as required. However, a portion of the lawsuit challenging the agency’s decision to deny industry petitions to waive the cellulosic ethanol component of the renewable fuel standard for 2011 was allowed to proceed. 07/24/2012 Petition for Review Petition for review filed. A petroleum industry group filed a lawsuit concerning EPA’s denial of petitions to waive requirements for refiners to blend cellulosic biofuel into their fuels in 2011. Previously, the group had asked EPA to waive the requirement under the renewable fuel standard to blend 6.6 million gallons of cellulosic biofuels into their fuels in 2011 because not enough fuel was available. In May 2012, EPA denied petitions seeking such relief, holding that petitioners should have raised this concern when the 2011 fuel standards were proposed.