Description: Challenge to EPA’s 2019 percentage standards for the Renewable Fuel Standard program and volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2019, and the applicable volume of biomass-based diesel for 2020.
-
Growth Energy v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 10/04/2021 Order Download Petition for panel rehearing denied. 08/06/2021 Petition for Rehearing Download Petition for panel rehearing filed by petitioner RFS Power Coalition. 07/16/2021 Opinion Download 2019 Renewable Fuel Standard rule remanded without vacatur. D.C. Circuit Said EPA Endangered Species Determinations for 2019 Renewable Fuel Rule Were Arbitrary and Capricious. The D.C. Circuit largely rejected challenges to the U.S. Environmental Protection Agency’s (EPA’s) 2019 rule setting renewable fuel volumes in the Clean Air Act’s Renewable Fuel Standard Program. The court rejected all arguments by obligated parties and renewable fuel producers but agreed with environmental petitioners that EPA’s (1) determination that the rule would have no effect on endangered species or their critical habitat and (2) decision not to reduce applicable volumes to prevent severe environmental harm were at odds with the evidence in the administrative record. 03/18/2020 Order Download Motion to consolidate or coordinate or, in the alternative, hold in abeyance denied. 02/20/2020 Reply Download Joint reply brief filed by American Fuel & Petrochemical Manufacturers, Monroe Energy, LLC, Small Retailers Coalition, and Valero Energy Corp. 02/20/2020 Reply Download Reply brief filed by environmental petitioners. 02/20/2020 Reply Download Reply brief filed by petitioners Growth Energy, National Biodiesel Board, Producers of Renewables United for Integrity Truth and Transparency, and RFS Power Coalition. 01/23/2020 Brief Download Brief filed by intervenors for respondent responding to renewable fuel producers. 01/23/2020 Brief Download Brief filed by intervenors in response to environmental petitioners. 01/23/2020 Brief Download Brief filed by intervenors Growth Energy, the National Biodiesel Board, and American Petroleum Institute in support of EPA. 01/09/2020 Brief Download Initial brief filed by EPA. 10/04/2019 Brief Download Opening brief filed by petitioners American Fuel & Petrochemical Manufacturers, Monroe Energy, Small Retailers Coalition, and Valero Energy. 10/04/2019 Brief Download Opening brief filed by environmental petitioners. 10/04/2019 Brief Download Initial brief filed by petitioners Growth Energy, the National Biodiesel Board, Producers of Renewables United for Integrity Truth and Transparency, and the RFS Power Coalition. 06/05/2019 Order Motion to sever and hold in abeyance denied. 04/23/2019 Order Download Motions for leave to intervene granted. 03/26/2019 Reply Download Joint reply filed by Growth Energy et al. to opposition to motion to sever. 03/21/2019 Opposition Download Opposition to motion to sever filed by American Fuel & Petrochemical Manufacturers and Monroe Energy, LLC. 03/19/2019 Opposition Download Opposition filed by EPA to biofuel petitioners' motion to sever the small refinery exemption issue. 03/13/2019 Motion to Intervene Download Motion for leave to intervene filed by American Petroleum Institute. 03/11/2019 Motion Download Joint motion filed by Growth Energy et al. to sever their petitions and hold them in abeyance. 03/11/2019 Motion to Intervene Download Motion to intervene on behalf of the respondents filed by Growth Energy. 03/11/2019 Motion to Intervene Download Motion to intervene in support of respondents filed by National Biodiesel Board. 03/06/2019 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by Monroe Energy, LLC. 03/01/2019 Motion to Intervene Download Motion filed by American Fuel & Petrochemical Manufacturers for leave to intervene in support of respondent. 03/01/2019 Petition for Review Download Petition for review filed. Challenges Filed to 2019 Standards for Renewable Fuel Standard Program. Trade associations, refiners, environmental organizations, and other parties filed petitions in the D.C. Circuit Court of Appeals seeking review of EPA’s 2019 renewable fuel percentage standards for the Renewable Fuel Standard program. The challenged rule also set volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2019, and the applicable volume of biomass-based diesel for 2020. Petitioners included an ethanol trade association; a trade group representing the Biomass Power Association, the American Biogas Council, and the Energy Recovery Council; a petroleum products refiner; a trade group representing independent petroleum retailers and convenience stores; a biodiesel trade association; an “ad hoc working group of companies that own and operate biomass-based diesel and ethanol production plants and participate in the [RFS] program”; a transportation fuels refiner and owner of biofuel plants; and environmental and conservation groups. -
RFS Power Coalition v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/07/2019 Petition for Review Download Petition for review filed. -
Monroe Energy, LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/08/2019 Petition for Review Download Petition for review filed. -
Small Retailers Coalition v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/08/2019 Petition for Review Download Petition for review filed. -
National Biodiesel Board v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/08/2019 Petition for Review Download Petition for review filed. -
National Wildlife Federation v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/11/2019 Petition for Review Download Petition for review filed. -
Valero Energy Corp. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/11/2019 Petition for Review Download Petition for review filed. -
American Fuel & Petrochemical Manufacturers v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/11/2019 Petition for Review Download Petition for review filed. -
Producers of Renewables United for Integrity Truth and Transparency v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 02/09/2019 Petition for Review Download Petition for review filed.