Description: Challenge to final rule requiring motor fuel producers to include certain percentage of renewable fuels in their products.
-
National Petrochemical & Refiners Association v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 11/07/2011 Order List Certiorari denied. The Supreme Court rejected a petition for certiorari concerning the decision by the D.C. Circuit upholding a final rule requiring motor fuel producers to include certain percentages of renewable fuels in their products. -
National Petrochemical & Refiners Association v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 04/22/2011 Order Download Petition for rehearing en banc rejected. The D.C. Circuit rejected a petition for a rehearing en banc. 12/21/2010 Opinion Download Opinion issued. The D.C. Circuit rejected a challenge by two petroleum industry associations to EPA requirements for blending renewable fuels, such as ethanol, in transportation fuels, agreeing with EPA that the Energy Independence and Security Act authorized the agency to establish mandates for fuel producers to blend renewable fuel into their products for the entire year. The court also held that the agency acted within the law when it set the requirement for biodiesel in 2010 by combining the requirements contained in the law for 2009 and 2010. The law required 500 million gallons of biodiesel in 2009 and 650 million gallons in 2010. The EPA rule combines the annual amounts, requiring 1.15 billion gallons in 2010. 03/29/2010 Petition for Review Petition for review filed. Two petroleum industry associations sued the EPA over provisions in a final rule requiring motor fuel producers to include certain percentages of renewable fuels in their products. EPA published the final rule on March 25, 2010. The rule amended EPA regulations to include renewable fuel requirements for motor fuels established by Energy Independence and Security Act (EISA) in 2007. The EISA required the industry to supply 12.95 billion gallons of renewable fuel in 2010. EPA’s final rule put this requirement into EPA regulations retroactive to January 1, 2010. The associations challenged these retroactive requirements.