DC Circ. Questions Timing Of Some EPA Biofuel Disputes

Law360, Washington (September 25, 2020, 7:47 PM EDT) -- As the D.C. Circuit on Friday parsed through jurisdictional and timeliness issues in petitions seeking to vacate the U.S. Environmental Protection Agency's 2019 Renewable Fuel Standard rule on different fronts, one judge seemed to be of the view that some challengers waited too long to seek judicial review.

The RFS program, under the Clean Air Act, requires an increasing amount of renewable fuels to be blended into the country's transportation fuel supply in order to displace fossil fuels and help reduce greenhouse gas emissions.

Attorneys for biofuel industry groups, such as Growth Energy, said the agency granted too many waivers to...

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