Description: Challenge to EPA’s renewable fuel standards for 2012 on grounds that they are unachievable.
American Petroleum Institute v. EPA
Filing Date Type File Action Taken Summary 01/25/2013 Opinion Download Opinion issued. The D.C. Circuit held that EPA's projection for cellulosic fuel production was unreasonable because "EPA's methodology for making its cellulosic biofuel projection did not take neutral aim at accuracy." The court said that Congress intended the Energy Independence and Security Act to drive the development of the cellulosic ethanol industry and that the statute required EPA to produce a projection that aims at accuracy. Because the projection was in excess of EPA's authority, the court vacated that aspect of the renewable fuel standard for 2012. 03/09/2012 Petition for Review Petition for review filed. The American Petroleum Institute filed a lawsuit in the D.C. Circuit challenging EPA’s renewable fuel standards for 2012, alleging that the requirements were unachievable. EPA’s renewable energy standards for 2012 required 8.865 million gallons of cellulosic biofuel. The lawsuit alleged that these requirements were a “regulatory absurdity” because the fuel was not widely available, and that the agency should set the requirement by looking at the previous year’s actual production volume.