Denial of Petition for Review of Renewable Fuel Volume Requirements

In Nat’l Petrochemical & Refiners Ass’n v. EPA, No. 10-1070, the court denied a petition for review of the EPA’s volume requirements for renewable fuel and volume requirements for advanced biofuels, biomass-based diesel, and cellulosic biofuel where 1) where there are less drastic remedies available for an agency’s failure to meet a statutory deadline, courts should not assume Congress intended for the agency to lose its power to act; and 2) to the extent the rules at issue may be retroactive, the EPA did not exceed its authority under the Energy Independence and Security Act.

 

Related Resources

  • Read the DC Circuit’s Decision in Nat’l Petrochemical & Refiners Ass’n v. EPA, No. 10-1070

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