Nat'l Petrochemical & Refiners Ass'n v. EPA, No. 10-1070

Denial of Petition for Review of Renewable Fuel Volume Requirements

In Nat'l Petrochemical & Refiners Ass'n v. EPA, No. 10-1070, the court denied a petition for review of the EPA's volume requirements for renewable fuel and volume requirements for advanced biofuels, biomass-based diesel, and cellulosic biofuel where 1) where there are less drastic remedies available for an agency's failure to meet a statutory deadline, courts should not assume Congress intended for the agency to lose its power to act; and 2) to the extent the rules at issue may be retroactive, the EPA did not exceed its authority under the Energy Independence and Security Act.

As the court wrote:  "In 2007, Congress enacted the Energy Independence and Security Act ("the EISA"), Pub. L. No. 110-140, §§ 201-204, 121 Stat. 1492 (codified as amended at 42 U.S.C. § 7545(o) (Supp. II 2008)). It expanded the renewable fuel program under the Energy Policy Act of 2005, Pub. L. No. 109-58, § 1501, 119 Stat. 594 (codified as amended at 42 U.S.C. § 7545(o) (Supp. 2006)) ("2005 Act"), which required that set volumes of renewable fuel be incorporated into gasoline sold in the United States each year."

Related Resources

• Read the DC Circuit's Decision in Nat'l Petrochemical & Refiners Ass'n v. EPA, No. 10-1070