NBB set to argue advanced biofuel mandate in RFS should be higher

By The National Biodiesel Board | April 21, 2017

The National Biodiesel Board will speak during oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit April 24 regarding the 2014-’16 Renewable Fuel Standard. NBB challenged U.S. EPA’s interpretation and use of its waiver authority under the statute.

David Salmons of Morgan, Lewis & Bockius LLP will present NBB’s case, arguing against the EPA’s interpretation of its waiver authority and its actions to reduce the advanced biofuel volume requirement in recent years. While joining various ethanol groups on arguments related to EPA’s general waiver authority, NBB also raised numerous arguments related to EPA’s advanced biofuel volumes. Additionally, NBB supported EPA against the claims by obligated parties with respect to the biomass-based diesel volumes for 2014-’17.

The RFS is a bipartisan law that requires increasing volumes of renewable fuels to be blended into the U.S. fuel supply. Biodiesel is the first advanced biofuel to reach commercial-scale production nationwide and has made up the vast majority of advanced biofuel production under RFS to date. Made from a diverse mix of resources such as recycled cooking oil, soybean oil and animal fats, biodiesel is a renewable, clean-burning diesel replacement used in existing diesel engines.

The oral argument is open to the public and press. 


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