Final Briefs Escalate Fights Over Legality Of 2019 RFS, Refiner Waivers

摘要

EPA, refiners, biofixels groups and environmentalists are battling in final legal briefs over the agency's 2019 renewable fuel standard (RFS), in a suit that tests multiple aspects of the program including its fuel production goals and the agency's approach to issuing RFS "economic hardship" compliance waivers to small refiners. In their final briefs filed March 5 in the U.S. Court of Appeals for the District of Columbia Circuit suit Growth Energy, et al. v. EPA, biofuels groups attack EPA for its refusal to compensate for small refiner waivers in its rule setting blending volumes under the RFS for 2019. In separate final briefs, major refining sector groups warn that the agency cannot lawfully make such allowance for waivers.