Environmental and fossil fuel organizations have launched a series of lawsuits against EPA’s latest standards for renewable fuel. These standards establish annual volume targets for various renewable fuels, including cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel for the years 2023 through 2025. The rule was published on July 12 and came into effect on Sept. 11, marking the deadline for filing court challenges.
Nine cases challenging the new rule have been consolidated in the D.C. Circuit, with petitioners including the Center for Biological Diversity and the American Fuel & Petrochemical Manufacturers. While the reasons for their challenges have not been outlined, these groups expressed concerns about the EPA regulations, emphasizing the need for lead time in implementing binding regulations, especially as the Renewable Fuel Standards (RFS) enters a new phase.
Other petitioners in the lawsuits include refining groups, a renewable natural gas nonprofit, a biofuel coalition, a conservation organization, and a trade association. Critics of the RFS program argue that it has caused environmental damage, habitat destruction, water pollution, and coastal dead zones.
Clean Fuels Alliance America, one of the groups challenging the rule, criticized the inclusion of an adjustment factor in the renewable volume obligation formula, alleging it was based on flawed analysis and lacked public input. Refining companies have also challenged the EPA’s denial of small-refinery exemptions from the RFS program, further adding to the legal complexities surrounding renewable fuel standards.
