WASHINGTON, August 2, 2017 - The U.S. Court of Appeals for the D.C. Circuit says EPA misinterpreted the federal biofuel mandate when it opted to waive requirements of the Renewable Fuel Standard (RFS). Judge Brett Kavanaugh vacated EPA’s decision to reduce total renewable fuel volume requirements based on the mandate’s reference to inadequate domestic supply. "It does not allow EPA to consider the volume of renewable fuel that is available to ultimate consumers or the demand-side constraints that affect the consumption of renewable fuel by consumers," Kavanaugh wrote. A joint petition was filed in January 2016 to challenge the EPA’s RFS for 2014, 2015, and 2016. Growth Energy’s CEO Emily Skor said she’s “very pleased with the court’s ruling,” calling the decision a major win for consumers. Conversely, Frank Macchiarola, Downstream Group director with the American Petroleum Institute, expressed disappointment, saying the mandate is outdated. He called upon Congress to “revisit and significantly reform” RFS. The court granted a request for a review of EPA’s final RFS rule for 2015.
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