Growth Energy Sues EPA Over Renewable Fuels Standards

On Tuesday, Growth Energy filed suit against the Environmental Protection Agency (EPA) in District of Columbia District Court, claiming that the EPA has failed in its duty to implement renewable fuel standards

Growth Energy is a “national biofuel trade association that represents nearly half of all American ethanol plants.”

The complaint states that they are seeking “an injunction requiring the EPA promptly to promulgate renewable fuel obligations for 2021 and 2022.”

The plaintiff is claiming that the Energy Independence and Security Act required that the overall volume of renewable fuel used in gasoline be increased for four different fuels. The following fuels that the law requires to be increased are renewable fuel, advanced biofuel, biomass-based diesel, and cellulosic biofuel.

According to the complaint, Congress intentionally required the agency to raise renewable fuel standards (RFS) rates to “force[] the market to create ways to produce and use greater and greater volumes of renewable fuel each year.”

According to the plaintiff the EPA must “determine and publish” the volume requirements each year no later than November 30. This publication is done so that renewable fuel producers can plan accordingly. Yet the plaintiff alleges that the EPA has failed to meet these deadlines for past years including 2021 and 2022.

The defendant is facing two counts, failure to perform a nondiscretionary act or duty in connection with the 2021 and 2022 RFS regulations.

The plaintiff being represented by, Wilmer Culter Pickering Hale and Dorr LLP