Law360, New York (January 15, 2016, 5:12 PM EST) -- On Dec. 14, 2105, the Environmental Protection Agency published in the Federal Register, final volumes for cellulosic biofuel, biomass-based diesel (or biodiesel), advanced biofuels and total renewable fuels for 2014, 2015 and 2016 under the Renewable Fuel Standard (RFS), a program codified in the Clean Air Act section 211(o). The EPA also set volumes for biodiesel through 2017, as required by statute. The EPA had missed its statutory deadlines for the 2014 and 2015 final volumes for these fuels, and in this one rulemaking, caught up with its outstanding obligations. The RFS program has long been a subject of dispute among the refining and biofuels industries. The former are required to blend specified categories of renewable fuels — at this stage mainly ethanol — into the nation's gasoline in prescribed and increasing amounts. The latter view the program as critical to ensuring a broad market and incentivizing further growth in production....
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