ThomasNet News Logo
Sign Up | Log In | ThomasNet Home | Promote Your Business

Biofuels Producers React to D.C. Circuit decision on RFS.

Print | 
Email |  Comment   Share  
January 30, 2013 - D.C. Circuit decided to vacate 2012 cellulosic biofuel standard and affirm 2012 advanced biofuel standard. In reaction, biofuel organization comprised of ABFA, AEC, ACE, BIO, Growth Energy, and RFA made joint statement in which it was noted, “although we disagree with the court’s decision vacating the 2012 cellulosic volumes, today’s decision once again rejects broad-brushed attempts to effectively roll back the federal Renewable Fuel Standard (RFS)."

Joint Statement: Biofuels Producers React to Mixed D.C. Circuit Decision on RFS


(Archive News Story - Products mentioned in this Archive News Story may or may not be available from the manufacturer.)

Biotechnology Industry Organization
1201 Maryland Ave., SW, Ste. 900
Washington, DC, 20024
USA



Press release date: January 25, 2013

WASHINGTON--The D.C. Circuit issued a narrow, but mixed decision today, vacating the 2012 cellulosic biofuel standard and affirming the 2012 advanced biofuel standard. Reacting to that decision, leading organizations representing biofuel producers — who had intervened in the litigation to defend the rulemaking — noted that although the court vacated the cellulosic standard, it also rejected API’s argument that EPA was required to follow the U.S. Energy Information Administration’s projections in setting its own. Similarly, the court rejected API’s argument that EPA was not entitled to consider information from cellulosic biofuel producers in setting its projection, finding that cellulosic producers were, of course, an “almost inevitable source of information” for EPA. According to the biofuel organizations, these were important decisions that give EPA flexibility in setting cellulosic biofuel volumes in the future.

“although we disagree with the court’s decision vacating the 2012 cellulosic volumes, today’s decision once again rejects broad-brushed attempts to effectively roll back the federal Renewable Fuel Standard.”

Nonetheless, the court vacated the cellulosic biofuel standard because it believed that EPA had impermissibly set the volume with the objective of promoting growth in the industry, rather than simply making an accurate prediction. The biofuels organizations strongly disagree with the court’s characterization of what EPA did — EPA did not determine a reasonably achievable volume and then inflate it. Rather, it set the volume based on the best information available to it at the time. Regardless, under the D.C. Circuit’s decision, EPA is free to reinstate the volumes that it had established, as long as the information available at the time would support the agency’s conclusion that those volumes were reasonably achievable. The court’s decision does not now require, or permit, EPA to set volumes based on hindsight.

The D.C. Circuit also affirmed the EPA’s decision not to reduce the advanced biofuel volume, categorically rejecting API’s arguments that EPA must be support its decision not to reduce the applicable volume of advanced biofuels with specific numerical projections.

In a joint statement, the biofuel organization stated that “although we disagree with the court’s decision vacating the 2012 cellulosic volumes, today’s decision once again rejects broad-brushed attempts to effectively roll back the federal Renewable Fuel Standard.”

The biofuel organizations include the Advanced Biofuels Association (ABFA), Advanced Ethanol Council (AEC), American Coalition for Ethanol (ACE), Biotechnology Industry Organization (BIO), Growth Energy, and Renewable Fuels Association (RFA). They are reviewing the court’s decision and assessing next steps in the matter.

Contacts
Biotechnology Industry Organization
Paul Winters, 202-962-9237
Print | 
Email |  Comment   Share  
Contacts: View detailed contact information.


 

Post a comment about this story

Name:
E-mail:
(your e-mail address will not be posted)
Comment title:
Comment:
To submit comment, enter the security code shown below and press 'Post Comment'.
 



 See related product stories
More .....
 See more product news in:
Services
| Featured Manufacturing Jobs
 Other News from this company:
Dr. Richard Raymond to Be Keynote Speaker for 2014 BIO Livestock Biotech Summit
BIO Launches Survey on FDA/Sponsor Interactions During Drug Development
13th Annual BIO Investor Forum to Highlight IPO Success Since Passage of JOBS Act
BIO Extends Deadline on Call for Papers for 2014 Pacific Rim Summit on Industrial Biotechnology and Bioenergy
BIO Welcomes USDA Report on Farm and Forest GHG Measurement
More ....
 Tools for you
Watch Company 
View Company Profile
Company web site
More news from this company
E-mail this story to a friend
Save Story
Search for suppliers of
Trade Associations


Home  |  My ThomasNet News®  |  Industry Market Trends®  |  Submit Release  |  Advertise  |  Contact News  |  About Us
Brought to you by Thomasnet.com        Browse ThomasNet Directory

Copyright © 2014 Thomas Publishing Company. All Rights Reserved.
Terms of Use - Privacy Policy



Error close

Please enter a valid email address