EPA Delay On Renewable Fuel Puts Ball In Congress' Court

In November 2014, the U.S. Environmental Protection Agency announced that it would again delay the release of a final rule on the 2014 Renewable Fuel Standard volumetric blending requirements. Andrew Anderson, Andrew Ehrlich and Andrew Wheeler of Faegre Baker Daniels, along with David Lyons of Faegre Baker Daniels Consulting, authored an article for Law360 on the topic.

The quartet explained that renewable fuel producers, petroleum industry leaders and environmental groups are anticipating legislative activity on the issue with a new congress convening in Washington, but that the future of the program remains uncertain.

The authors all agreed that since critics of the EPA's authority to set renewable fuel standards have compelling legal arguments, the final word on the requirements may come from the courts.