DC Circ. Won’t Review EPA Renewable Fuel Standards

Law360, New York (December 22, 2010, 3:04 PM EST) -- A federal appeals court has denied a petition from an energy trade group to review U.S. Environmental Protection Agency regulations requiring new renewable fuel standards, writing that the petitioner had strained the congressional authorizing language beyond its clear meaning.

Specifically, congressional language stating that the EPA “shall” implement regulation requiring a specific amount of renewable fuel to be mixed with U.S.-sold gasoline in 2009 didn’t preclude the agency from implementing a different percentage to meet 2009 and 2010 statutory requirements after it missed the first deadline,...
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