DC Circ. Says Challenge To EPA Biofuel Rule Is Too Late

Law360, New York (December 17, 2012, 4:13 PM EST) -- The D.C. Circuit on Monday tossed the American Petroleum Institute’s challenge to the U.S. Environmental Protection Agency’s 2010 cellulosic biofuel amendments to its renewable fuel standards, finding the request had been filed too late.

API had protested the agency's requirement that refiners use 6.6 million gallons of cellulosic biofuel during 2011 even as the agency's own monthly summary of available volumes showed that zero gallons were produced and available, according to the suit. The appeals panel said the industry group's challenge was untimely because it was...
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