Ethanol Blog

LINCOLN, Neb. (DTN) -- A federal court ruled on Friday that the U.S. Environmental Protection Agency arbitrarily used old data in analyzing the potential effects of the first Renewable Fuels Standard set rule finalized by the Biden administration and remanded it back to the agency.

In a lawsuit brought against the EPA by the Center for Biological Diversity last November, the U.S. Court of Appeals for the District of Columbia Circuit found that the agency failed to adequately explain its climate change analysis of the RFS rule that set volumes for 2023, 2024 and 2025.

The court said EPA had arbitrarily used an outdated 2010 study on crop-based biofuels rather than using updated data from an agency literature review. Additionally, the D.C. Circuit ruled the U.S. Fish and Wildlife Service's determination that the RFS rule had no effect on endangered species was arbitrary and capricious. The court found USFWS did not properly use EPA's forecasting models in reaching the conclusion.

The court remanded the RFS rule for further explanation from EPA, without necessarily disrupting the RFS program, according to the court's ruling. In addition, the D.C. Circuit dismissed seven other challenges to the set rule primarily from refiners.

"We hold that EPA failed to articulate a 'rational connection between the facts found and the choice made' to use the results of the 2010 study, which, absent further explanation, renders its climate change analysis arbitrary," the court said in its opinion.

Ethanol interest group Growth Energy said in a statement that the oil industry arguments in the case were "fatally flawed."

"They relied on tenuous legal arguments that ran contrary to the facts and the plain language of the RFS statute," Growth Energy said.

"In addition, we are confident that EPA and the Fish and Wildlife Service on remand will provide further explanation of their environmental findings in support of the RFS set rule. The RFS has proven itself time and time again to be one of America's most-successful clean energy programs. The stronger we can make the RFS, the more it can support American energy dominance, rural economic growth and greater consumer savings."

The Center for Biological Diversity had asked the court to vacate RFS volumes that were finalized in June 2023 but that was denied.

Also on Friday, the Supreme Court ruled that fuel industry groups have standing to challenge the EPA's approval of emissions standards in California that favor electric vehicles, https://www.supremecourt.gov/….

The court's ruling comes shortly after the Trump administration signed three Congressional Review Act resolutions essentially ending California's EV mandate.

Read more on DTN:

"RFS Fight Launches in Appeals Court," https://www.dtnpf.com/…

"Trump Administration to Kill California's Electric-Vehicle Mandate With Stroke of Pen," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

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