Bergeson & Campbell, P.C.

Biofuel, Corn, And Sorghum Farmers Challenge Lowered RFS Volumes

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Courtesy of Courtesy of Bergeson & Campbell, P.C.

On January 8, 2016, seven biofuel and agriculture groups requested the U.S. Court of Appeals for the D.C. Circuit to review the Renewable Fuel Standards (RFS) for 2014, 2015, and 2016. The Petition was filed by Biotechnology Innovation Organization, Americans for Clean Energy, American Coalition for Ethanol, Growth Energy, National Corn Growers Association, National Sorghum Producers, and the Renewable Fuels Association. The groups intend to challenge the authority of EPA to set volume requirements for biofuel blending below standards put forth in the 2007 RFS law. The new RFS volumes were finalized in November of 2015, and brought criticism from biofuel groups as blending levels were lower than expected while petroleum groups stated that the higher 2007 requirements were not feasible with current infrastructure. This challenge to EPA’s authority in setting the RFS will prolong the uncertainty that has followed the RFS since earlier rulings were delayed.

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