RFS2 lawsuits denied in full

By | December 20, 2010
Posted Dec. 21, 2010

In a unanimous opinion by Judge Rogers from the U.S. District Court of Appeals for the District of Columbia, the petition by National Petrochemical Refiners Association and the American Petroleum Institute challenging the renewable fuel standard (RFS2) was denied in full. Joining in the decision were Circuit Judges Ginsburg and Garland.

"The NBB is obviously pleased with the Court's unanimous decision," stated Manning Feraci, the National Biodiesel Board's vice president of federal affairs. "This wholly validates the U.S. biodiesel industry's legal position and sends a clear, unambiguous signal to the marketplace that the common-sense renewable goals established in the RFS2 program will be met."

Petitioners contended three issues:

- The RFS2 final regulation violated the statutory requirements setting separate biomass-based diesel volume requirements for 2009 and 2010.

- The RFS2 final regulation was impermissibly retroactive.

- The RFS2 violated appropriate statutory lead time and compliance provisions.

In a 40-page decision all issues raised by petitioners were denied in full.

"The NBB has every confidence that our membership is ready, willing and able to meet the nation's advanced biofuel goals in 2011," concluded Feraci.

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