Farm, biofuel and biotech groups petitioned the U.S. appeals court in Washington to hear a challenge to the EPA’s relaxation of the renewable fuel mandate for this year, reports DTN. The groups said the decision “was contrary to the statute” that created the Renewable Fuels Standard. The petition “could be the first of many legal challenges.”
On Nov. 30, the EPA set the mandate for corn ethanol at 14.5 billion gallons for 2016, a drop of 500 million gallons, and halved the target for use of “advanced” biofuels including cellulosic ethanol and biodiesel. EPA official Janet McCabe said the agency aimed for “ambitious, achievable growth” for biofuels but no one was happy with it.
Growth Energy, a biofuel group, told DTN that a statement of issues would be filed with the court in coming weeks that would explain the challenge in detail. “The plaintiffs in such an appeal are not required to file a formal complaint to challenge an agency’s rulemaking. The petition for review filed last week plays the role of initiating the action that a complaint would in a typical lawsuit,” said DTN. It listed the plaintiffs as Americans for Clean Energy, American Coalition for Ethanol, Biotechnology Innovation Organization, Growth Energy, National Corn Growers Association, National Sorghum Producers and the Renewable Fuels Association.