The Renewable Fuel Standard (RFS)

This issue tracker focuses on federal and state legislative and regulatory actions as well as litigation addressing the Renewable Fuel Standard (RFS) Program. Our goal is to provide a comprehensive listing of legislative and regulatory actions, but the litigation covered is not exhaustive and focuses on selected issues receiving national attention. This issue tracker covers the period from 2018 to present.

8.3.23 – The U.S. Environmental Protection Agency (EPA) issued a correction to the final rule titled “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes.” This document rectifies various amendatory instructions within the regulatory text without introducing any substantive modifications.  

7.20.23 – The U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register denying 26 small refinery exemption (SRE) petitions under the Renewable Fuel Standard (RFS) Program for the 2016-2018 and 2021-2023 compliance years. 

7.12.23 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule titled “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes.” The rule sets the volumes and percentage standards for renewable fuels for the years 2023 to 2025. It also includes the second supplemental standard to address the judicial remand of the 2016 rulemaking. Additionally, the rule introduces regulatory changes to the RFS program, including the treatment of biogas and other modifications designed to improve the program’s implementation. The rule will become effective on September 11, 2023. 

4.28.23 – The U.S. Environmental Protection Agency (EPA) issued an emergency fuel waiver to allow E15 sales during the summer due to market supply issues stemming from the war in Ukraine. EPA Administrator Michael S. Regan declared that “[a]llowing E15 sales during the summer driving season will not only help increase fuel supply, but support American farmers, strengthen U.S. energy security, and provide relief to drivers across the country.”

12.30.22 – The U.S. Environmental Protection Agency (EPA) issued a proposed rule in the Federal Register, titled “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes.” The proposed rule introduced new volume targets for cellulosic biofuel, biomass-based diesel, and total renewable fuel from 2023 to 2025 and setting a 250-million-gallon supplemental volume requirement for renewable fuel in 2023. Additionally, EPA proposed a new regulatory program for electricity made from renewable biomass that is used for transportation fuel along with other regulatory changes to improve the RFS program. The comment period closed on February 11, 2023 (EPA-HQ-OAR-2021-0427). 

12.20.22 – The U.S. Environmental Protection Agency (EPA) released a final analysis of the price of Renewable Identification Numbers (RINs) and small refineries in response to a U.S. Government Accountability Office’s (GAO) report issued in November 2022 on the small refinery exemption program. The analysis reiterates EPA’s prior conclusions related to small refineries recovering RFS compliance costs through the fuel they sell.

12.13.22 –The U.S. Environmental Protection Agency (EPA) scheduled a virtual public hearing on January 10, 2023, to discuss its proposal for the “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes” announced on November 30, 2022. The hearing may be extended until January 11, 2023, if the number of testimonies exceeds expectations.

12.2.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Renewable Fuel Standard Program: Canola Oil Pathways to Renewable Diesel, Jet Fuel, Naphtha, Liquefied Petroleum Gas, and Heating Oil.” The final rule approves RFS pathways for certain biofuels derived from canola/rapeseed oil, making them eligible to generate Renewable Identification Numbers (RINs). Additionally, EPA introduced a new definition of canola/rapeseed oil to the RFS regulations. The rule became effective on January 3, 2023.

11.3.22 – The U.S. Government Accountability Office (GAO) released an audit report on the U.S. Environmental Protection Agency’s (EPA) and the U.S. Department of Energy’s (DOE) administration of the Renewable Fuel Standard’s (RFS) small refinery exemptions (SRE) from RFS renewable fuels blending obligations. The report found that, from 2019 to 2021, EPA denied SREs based on the erroneous assumption that “all parties pay and receive one price for the tradeable credits used to demonstrate compliance” while small refineries had paid more for compliance credits than large refineries. Additionally, EPA pointed out that neither EPA nor NOE have any written policies or procedures to adjudicate SREs. The report recommends that EPA and DOE identify how small refineries can demonstrate economic hardship, develop procedures for evaluating exemption petitions, and improve communication during the decision process.

9.2.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a a final rule, titled “Renewable Fuel Standard (RFS) Program: Alternative RIN Retirement Schedule for Small Refineries.” The final rule allows small refineries an optional Renewable Identification Number (RIN) retirement schedule for their obligations under the 2020 compliance year. The alternative schedule gives small refineries until February 2024 to reach compliance in response to delays caused by EPA’s extended time to finalize deadlines and review petitions.  

7.1.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Renewable Fuel Standard (RFS) Program: RFS Annual Rules.” The final rule revised statutory volume targets for cellulosic biofuel, advanced biofuel, total renewable fuel, and biomass-based diesel, and set the 2020, 2021, and 2022 renewable fuel percentage standards for each category. Additionally, the rule addressed a judicial remand of the 2016 standard-setting rulemaking, which resulted in a 250-million-gallon supplemental volume requirement for renewable fuel in 2022, and introduced other regulatory changes, including the use of biointermediates to produce qualifying renewable fuel. The rule applies to entities involved in the production, distribution, and sale of renewable and fossil transportation fuels.

6.8.22 – The U.S. Environmental Protection Agency (EPA) issued a notice announcing an alternative compliance demonstration approach for small refineries that had their 2016, 2017, and/or 2018 exemptions denied following judicial remand. This approach allows these refineries to meet their renewable volume obligations for those years without retiring additional Renewable Identification Numbers (RINs).  

6.8.22 – The U.S. Environmental Protection Agency (EPA) issued a notice denying 69 Small Refinery Exemption (SRE) petitions under the Renewable Fuel Standard (RFS) Program for some period between 2016 and 2022. 

6.3.22 – The U.S. Department of Agriculture (USDA) announced $700 million in compensation through funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act to eligible biofuel producers who suffered market losses during the COVID-19 pandemic.

4.25.22 – The U.S. Environmental Protection Agency (EPA) issued a notice denying 36 Small Refinery Exemption (SRE) petitions under the Renewable Fuel Standard (RFS) Program for the 2018 compliance year. EPA stated that it denied the petitions in compliance with the Tenth Circuit Court’s 2020 decision in Renewable Fuels Association v. EPA., No. 18-9533. The court held that EPA may only grant exemptions to small refineries if they can demonstrate that complying with the RFS in 2018 would have caused significant economic hardship. EPA allowed 31 of the petitioning small refineries to demonstrate their compliance with the 2018 RFS volume obligations by resubmitting their 2018 reports with “zero deficit carryforward and no additional [Renewable Identification Number] retirements.” 

4.12.22 – The White House released a factsheet, titled “Using Homegrown Biofuels to Address Putin’s Price Hike at the Pump and Lower Costs for American Families,” indicating that the U.S. Environmental Protection Agency (EPA) will issue a national emergency waiver on or about June 1, 2022, allowing the sale of E15 gasoline between June 1, 2022, to September 15, 2022. The White House and EPA approved the summer sale of E15 in response to the increase in Russian oil prices and in attempt to lower gas prices by an estimated 10 cents per gallon. Additionally, the White House stated that EPA will work collaboratively with states to ensure that the E15 summer sales do not significantly impact air quality and that EPA will explore other actions to promote year-round E15 sales, including modifying E15 fuel pump labels and engaging with interested states. 

2.2.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Renewable Fuel Standard (RFS) Program: Extension of Compliance and Attest Engagement Reporting Deadlines.” The final rule extends RFS compliance deadlines for the years 2019, 2020, 2021, and 2022 as follows:

• Small refineries only have an extended deadline for 2019, which will fall on the upcoming quarterly reporting deadline after the effective date of the 2021 RFS standards;
• For all obligated parties, the 2020 compliance deadline will align with the next quarterly reporting deadline after the 2019 compliance deadline for small refineries; the 2021 compliance deadline will fall on the following quarterly reporting deadline after the 2020 compliance deadline; and the 2022 compliance deadline will correspond to the succeeding quarterly reporting deadline after either the effective date of the 2023 RFS standards or the 2021 compliance deadline, whichever is later.
• The attest engagement reporting deadlines for 2019-2022 will be extended to the next June 1 annual reporting deadline after the corresponding 2019-2022 compliance deadline.

Additionally, the rule amends how EPA will determine future compliance and attest engagement reporting deadlines in 2023 and beyond.

4.1.21 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Extension of 2019 and 2020 Renewable Fuel Standard Compliance and Attest Engagement Reporting Deadlines.” The final rule—published as proposed on January 15, 2021—extends the deadline for submission of 2020 RFS compliance materials until January 31, 2022, and the corresponding attest engagement report submission deadline until June 1, 2022. While the deadline for 2021 RFS compliance materials remains March 31, 2022, the rule extends the 2021 attest engagement report deadline until September 1, 2022. Additionally, the rule extends the 2019 submission deadlines for small refineries until November 30, 2021, for compliance documents and until June 1, 2022, for attest engagement reports. 

2.22.21 – The U.S. Environmental Protection Agency (EPA) announced its support for the Tenth Circuit Court’s January 2020 decision in Renewable Fuels Association v. U.S. EPA, No. 18-9533, which reversed EPA’s prior interpretation of eligibility for the RFS small refinery exemptions. Consequently, in the appeal of the Tenth Circuit Court’s decision to the U.S. Supreme Court in Holly Frontier Cheyenne Refining, LLC v. Renewable Fuels Ass’n, LLC, No. 20-472, EPA declined to defend its former position and reiterated the Tenth Circuit Court’s holdings that “(1) a small refinery exemption may only be granted if the refinery has demonstrated an existing exemption and a disproportionate economic hardship caused by RFS compliance; (2) a small refinery need[s] to receive uninterrupted, continuous hardship exemptions for every year since 2011 to qualify for an exemption from the Renewable Fuel Standard blending requirements; (3) an exemption must exist for EPA to be able to ‘extend’ it.”

1.15.21 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice making a final determination that “no additional measures are necessary pursuant to Clean Air Act (CAA) section 211(v) to mitigate the adverse air quality impacts of the renewable fuel volumes required under CAA section 211(o).”. 

9.14.20 – The U.S. Environmental Protection Agency (EPA) denied 68 Small Refinery Exemption (SRE) petitions requesting relief from RFS blending compliance for 2011-2018. On January 24, 2020, the Tenth Circuit Court issued a ruling in Renewable Fuels Association v. U.S. EPA, No. 18-9533, finding that EPA had exceeded its legal authority by granting economic hardship exemptions instead of authorized extensions. As a result, refiners submitted petitions to the EPA seeking retroactive extensions to backfill their exemption history. EPA, however, pointed out that some of the petitions dated back to 2011 and stated that “it seems unlikely Congress contemplated or intended to allow a small refinery to obtain hardship relief through submitting a petition in calendar year 2020 for RFS compliance year 2011.” 

2.6.20 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021 and Other Changes.” The final rule, as required under Section 211 of the Clean Air Act (CAA), established the following: a) the percentage of gasoline and diesel transportation fuel produced or imported in the year 2020 required to consist of cellulosic biofuel, biomass-based diesel, advanced biofuel, and all renewable fuels in the aggregate; b) the 2020 production volume requirements for cellulosic biofuel, advanced biofuel, total renewable fuels in the aggregate, and the 2021 production volume requirement for biomass-based diesel; and c) the 2020 volumes of gasoline and diesel projected to be exempted from the renewable volume obligations. The final rule became effective on April 6, 2020.

10.4.19 – The U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler and the U.S. Department of Agriculture (USDA) Secretary Sonny Perdue announced an agreement on the Renewable Fuel Standard (RFS). EPA plans to “streamline labeling” and facilitate the sale of E15 by expediting the rulemaking process. The agency will also propose new biofuel requirements that expand on the 2020 Renewable Volume Standard and aim to incorporate 15 billion gallons of ethanol into the U.S. fuel supply by 2020. EPA intends to finalize these expanded requirements later this year and will include exceptions for small refineries. Under the agreement, USDA will support infrastructure projects that promote the use of “higher biofuel blends.”

7.30.19 – The U.S. Environmental Protection Agency (EPA) and the Internal Revenue Service (IRS) signed a Memorandum of Understanding (MOU), agreeing to “share information about fuel production facilities and fuel program compliance to facilitate policy development, market understanding, data verification for renewable fuel credits, identification and reduction of Renewable Identification Number (RIN) fraud in support of RFS program administration, and identification and reduction of fuel tax credit fraud in support of federal tax administration.”

6.10.19 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Modifications to Fuel Regulations to Provide Flexibility for E15; Modifications to RFS RIN Market Regulations.” The final rule implemented regulatory changes to allow gasoline blended with E15 to benefit from the 1-psi Reid Vapor Pressure waiver that currently applies to E10 during the summer period. Additionally, EPA developed reforms intending to enhance market monitoring and transparency.

12.11.18 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule, titled “Renewable Fuel Standard Program: Standards for 2019 and Biomass-Based Diesel Volume for 2020.” EPA set renewable fuel percentage standards each year for cellulosic biofuel, biomass-based diesel, advance biofuel, and total renewable fuel as applied to gasoline and diesel transportation fuel. The agency also increased the 2019 renewable fuel blending mandate to 19.88 billion gallons, an increase of 3% from 2018. Furthermore, EPA increased advanced biofuel requirements to 4.88 billion gallons and cellulosic biofuel to 381 million gallons.

10.11.18 – President Donald Trump announced administration plans to allow year-round sales of gasoline containing 15% ethanol (E15). The U.S. Environmental Protection Agency (EPA) currently bans use of E15 from Jun. 1 through Sep. 15 as a way to limit ozone, which can cause smog during the hotter summer months. Typically, gasoline sold during the summer months contains 10% ethanol.

Renewable Fuels Association, et al. v. EPA [Case closed]
Tenth Circuit, No. 18-9533

5.29.18 – Petitioners Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, and National Farmers Union petitioned the U.S. Court of Appeals for the Tenth Circuit seeking review of the U.S. Environmental Protection Agency’s (EPA) grant of three small refinery exemptions from the RFS biofuel percentage blending requirements. Petitioners argued that EPA could only extend small refinery exemptions provided those small refineries had consistently received an exemption every year since the initial exemption.

1.24.20 – The Tenth Circuit Court ruled that EPA exceeded its statutory authority by granting the equivalent of new exemptions, rather than legally-authorized extensions of existing exemptions, to three refineries from the RFS biofuel blending requirements. The court contended that the Congress’s interpretation of the term “extension” means that “a small refinery must show it has continuously maintained the exemption in each year preceding the one for which it requested the extension.”

3.24.20 – Intervenor-Respondents HollyFrontier Cheyenne, LLC, et al. and Wynnewood Refining Company filed separate petitions for rehearing en banc.

4.7.20 – The Tenth Circuit Court denied Intervenor-Respondents’ petitions for rehearing en banc. 

HollyFrontier Cheyenne Refining, LLC, et al. v. Renewable Fuels Association, et al. [Case closed]
U.S. Supreme Court, No. 20-472

9.4.20 –Petitioners HollyFrontier Cheyenne Refining, LLC, Holly-Frontier Refining & Marketing, LLC, Holly-Frontier Woods Cross Refining, LLC, and Wynnewood Refining Co., LLC filed a petition for writ of certiorari with the U.S. Supreme Court seeking to appeal the Tenth Circuit Court’s January 24, 2020, decision invaliding EPA’s grant of Renewable Fuel Standard (RFS) Small Refinery Exemptions (SREs) in Renewable Fuel Ass’n, et al. v. EPA, No. 18-9533. Petitioners sought to determine whether a small refinery must have received “uninterrupted, continuous hardship exemptions” each year since 2011 to qualify for an RFS hardship exemption.

1.8.21 – The U.S. Supreme Court granted the petition for writ of certiorari.

2.22.21 – Petitioners HollyFrontier Cheyenne Refining, LLC et al. filed their brief.

6.25.21 – The U.S. Supreme Court overturned the Tenth Circuit Court’s January 24, 2020, decision, concluding that the U.S. Environmental Protection Agency did not exceed its statutory authority when it approved the extension of an exemption. The Court pointed out that the relevant statute explicitly allows for exemptions beyond 2013 as long as certain hardships are met, stating that exemptions can be granted “at any time.” The majority opinion argued that the term “extension,” which is not defined in the Energy Policy Act of 2005 or the Energy Independence and Security Act of 2007 (42 U.S.C. § 7545), does not necessarily require “unbroken continuity.” 

7.27.21 – The U.S. Supreme Court entered a judgment reversing and vacating the Tenth Circuit Court’s decision issued on January 24, 2020, and recalled the mandate they had issued to EPA.

American Fuel & Petrochemical Manufacturers v. U.S. EPA [Case closed]
D.C. Circuit, No. 19-1124

6.10.19 – Petitioner American Fuel & Petrochemical Manufacturers filed a petition seeking review of the U.S. Environmental Protection Agency’s (EPA) Final Rule, titled “Modifications to Fuel Regulations to Provide Flexibility for E15; Modifications to RFS RIN Market Regulations” and published in the Federal Register on June 10, 2019. The Final Rule introduced regulatory changes that grant gasoline blended with E15 the same 1-psi Reid Vapor Pressure waiver as E10 during the summer period.

5.12.20 – Petitioner filed its opening brief, arguing that the EPA unlawfully granted waivers to fuel blends containing 15% ethanol, violating the Clean Air Act’s 1-psi waiver provision, § 7545(h)(4) and substantial-similarity requirements, § 7545(f)(1). Regarding § 7545(h)(4), petitioner claimed that EPA deviated from established precedent and common interpretive principles by interpreting the limiting language of the provision (“containing 10% ethanol”) to establish a minimum ethanol content in fuel blends (“containing [at least] 10% ethanol). About § 7545(f)(1), petitioner asserted that EPA made an error in determining that E15 was substantially like E10, emphasizing that the statute requires EPA to establish substantial similarity between a new fuel and all post-1974 certification fuels.

7.31.20 – Respondent U.S. EPA submitted their responsive brief, arguing that the Congressional intent behind the Clean Air Act was to promote the use of ethanol, granting EPA the authority to set reasonable limits for fuel blends. Respondent disagreed with the petitioner’s interpretation, which treated the 10% ethanol requirement as an inflexible cap, disregarding the statutory intent and the fact that E15 is less volatile than E10. Furthermore, respondent addressed the petitioner’s interpretation of § 7545(f)(1) (“substantially similar to any fuel”) and argued that it granted the EPA discretion to determine what constitutes “substantial similarity.” They asserted that comparing E15 to E10 was a reasonable approach for determining “substantial similarity.” 

7.2.21 – The D.C. Circuit Court issued an opinion invalidating a portion of EPA’s June 2019 rule allowing the year-round sale of E15, a fuel blend containing 15% of ethanol. The EPA’s interpretation of the term “containing” in 42 U.S.C. § 7545(h)(4) expanded the waivers for E15 by defining “containing” as “containing at least.” The court disagreed with this interpretation and rejected EPA’s argument that it aligned with the statutory purpose of promoting ethanol fuel usage. The court found the EPA’s interpretation inconsistent with the language of the statute and concluded that Section II of the June 2019 rule exceeded EPA’s authority. As a result, the court vacated that specific part of the rule. The court’s decision, however, did not affect the portion of the rule that pertained to the RFS Renewable Identification Number (RIN) market regulations. 

8.16.21 – Growth Energy, National Corn Growers Association, and the Renewable Fuels Association filed a petition for rehearing en banc of the court’s July 2, 2021, decision that vacated a portion of EPA’s 2019 rule allowing the year-round sale of E15. Petitioners argued that the court’s decision contradicts established precedent, which states that courts should not attribute “a bizarre or absurd purpose to Congress” unless there is clear evidence to support it. They contended that the court incorrectly interpreted the phrase “containing … 10 percent … ethanol” as meaning “containing exactly 10 percent ethanol,” which, in their view, undermines the purpose of the disputed statutes to promote ethanol by restricting the year-round sale of E15. 

9.9.21 – The D.C. Circuit Court denied the petition for rehearing en banc.

Growth Energy v. American Fuel & Petrochemical Manufacturers, et al. [Case closed]
U.S. Supreme Court, No. 21-519

10.4.21 – Growth Energy petitioned the U.S. Supreme Court for a writ of certiorari, seeking the reversal of the case American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124, based on the argument that the D.C. Circuit Court misinterpreted 42 U.S.C. § 7545(h)(4). Specifically, they claimed that the court’s interpretation of the term “containing” as exclusively meaning “having exactly” is flawed, resulting in the detrimental prohibition of E15 sales during the summer season. Petitioner argued that the Clean Air Act grants the EPA discretion to consider waiver requests for fuel blends with a minimum of 10% ethanol or, in the alternative, that the ethanol waiver provision is ambiguous, and EPA’s conclusion represented a reasonable interpretation.

10.25.21 – Respondents Urban Air Initiative, et al. filed their brief in support of the petition for a writ of certiorari. They argued that the D.C. Circuit Court’s interpretation of 42 U.S.C. § 7545(h)(4) would pose regulatory barriers for selling legally required renewable fuel volumes and cause significant disruption for fuel retailers invested in selling gasoline with over 10% ethanol.

12.8.21 – Respondent U.S. EPA submitted their brief, stating that the D.C. Circuit Court’s ruling aligns with the EPA’s long-standing interpretation of 42 U.S.C. § 7545(h)(4), which has been considered reasonable for decades. Therefore, the court’s interpretation does not contain any notable errors that would require review by the U.S. Supreme Court. 

1.10.22 – The U.S. Supreme Court denied review of the D.C. Circuit Court’s decision holding that EPA did not have the authority to grant a high volatility fuel waiver allowing year-round sales of gasoline containing up to 15% ethanol (E15). Consequently, the decision of the D.C. Circuit Court remains in effect, meaning that only a maximum of 10% ethanol blend (E10) can be sold from May 1 through September 15. Sales of blends up to E15 are permissible during the rest of the year.  

Growth Energy v. U.S. EPA, et al. [Case closed]
D.C. Circuit, No. 19-1023

2.4.19 – Plaintiff Growth Energy filed a petition for review against the rule issued on December 11, 2018, by the U.S. Environmental Protection Agency (EPA), titled “Renewable Fuel Standard Program: Standards for 2019 and Biomass-Based Diesel Volumes for 2020.” 

In February 2019, the following cases Nos. 19-1027, 19-1032, 19-1033, 19-1035, 19-1036, 19-1037, 19-1038, and 19-1039 were consolidated with this case.  

7.16.21 – The D.C. Circuit Court issued an opinion remanding without vacatur the 2018 rule to EPA. In this case, multiple groups challenged the rule on different grounds. Renewable fuel producers claimed that the blending volumes for 2019 were too low while refiners argued they were too high. Additionally, there were arguments both for and against EPA’s enforcement of “lost” blending volume from 2016-2018 due to retroactive small refinery exemptions, which resulted in reduced total blended volumes for those years. Furthermore, environmental groups asserted that EPA did not comply with the Endangered Species Act (ESA). The court dismissed the opposing claims made by the producers and refiners, but it agreed with the argument that EPA failed to engage in consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service. The court found that EPA’s determination regarding the effects of the ESA to be arbitrary and capricious, leading to a remand of the rule back to EPA. Additionally, the court highlighted the threat posed to the critical habitat of whooping cranes due to the conversion of wetlands to biofuel cropland and the potential risks to Gulf sturgeon from excessive nutrient flow to the Gulf of Mexico.

8.6.21 – The RFS Power Coalition filed a petition for rehearing, specifically addressing the panel’s decision on the “Renewable Electricity” issue in Part 2.C. of their July 17, 2021, decision. The coalition argued that the panel failed to adequately consider or misunderstood the contents of the administrative record. Additionally, they claimed that the panel incorrectly attributed a rationale to EPA for the disputed action that the agency had not actually adopted, and as a result upheld the agency action as reasonable and supported by the record.

10.4.21 – The District of Columbia Circuit Court denied RFS Power Coalition’s motion for rehearing of the panel decision. 

10.12.21 – The District of Columbia Circuit issued mandate to the U.S. Environmental Protection Agency (EPA). 

Growth Energy v. Regan, et al. [Case closed]
USDC D.C., No. 1:22-cv-347

2.8.22 – Plaintiff Growth Energy filed a complaint against the U.S. Environmental Protection Agency (EPA) alleging that the agency failed to establish renewable fuel volumes under the Renewable Fuel Standard (RFS) Program for the 2021 and 2022 calendar years.  

2.23.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed consent decree, which requires that the RFS volumes for 2021 and 2022 must be finalized by June 3, 2022.  

4.14.22 – The parties issued a joint motion to sign and enter the proposed consent decree.  

4.22.22 – The U.S. District Court granted parties’ motion to enter the proposed consent decree.  

7.26.22 – The U.S. Environmental Protection Agency (EPA) issued a notice of termination of consent decree, stating that they have fulfilled their obligations as stipulated in the consent decree approved by the court on April 22, 2022.  

Growth Energy v. EPA, et al. [Case closed]
USDC D.C., No. 1:22-cv-1191

4.29.22 – Plaintiff Growth Energy filed a complaint against the U.S. Environmental Protection Agency (EPA) alleging that the agency failed to establish renewable fuel volumes under the Renewable Fuel Standard (RFS) Program for the 2023 calendar year.   

5.3.22 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed consent decree, requiring 2023 RFS volumes to be published as proposed by September 6, 2022, and issued as a final rule by April 28, 2023.  

7.22.22 – The parties issued a joint motion to sign and enter the proposed consent decree.  

7.26.22 – The U.S. District Court granted parties’ motion to enter the proposed consent decree. 

Growth Energy v. EPA, et al. [Case open]
D.C. Circuit, No. 22-1126

6.24.22 – Petitioner Growth Energy filed a petition seeking review of the U.S. Environmental Protection Agency’s (EPA) June 2022 Alternative RFS Compliance Demonstration Approach for Certain Small Refineries. This approach offers alternative compliance options for small refineries that had their exemptions denied for the years 2016, 2017 and/or 2018 after a judicial remand to the EPA. Under the Renewable Fuel Standard (RFS) Program, refineries are required to incorporate a specific amount of renewable fuel into their transportation fuel annually. EPA has the authority to grant exemptions to certain refineries from these obligations. However, after the Tenth Circuit Court invalidated the EPA’s exemptions in Renewable Fuels Association, et al. v. EPA, No. 18-9533 and remanded the matter to the EPA, the agency implemented alternative compliance actions instead. These actions resulted in a reduction of 1.63 billion gallons of renewable fuel usage and relieved the exempted refineries from meeting their targets for the years 2016-2018. The petitioner argued that EPA exceeded its statutory authority by issuing these alternative compliance actions and retroactively relieving the exempted refineries from their obligations under the RFS.  

4.10.23 – Petitioner Growth Energy filed an opening brief supporting the petition to review EPA’s June 2022 Alternative RFS Compliance Demonstration Approach for Certain Small Refineries. The petitioner argued that both the original exemptions and EPA’s June 2022 alternative compliance actions exceeded the agency’s statutory authority. 

6.9.23 – Respondent the U.S. Environmental Protection Agency (EPA) submitted their answering brief, urging the court to reject the request for a review of the April and June 2022 Compliance Actions. EPA argued that the exemptions issued by the agency were within the limits allowed by the Clean Air Act.  

Center for Biological Diversity v. U.S. EPA [Case closed]
D.C. Circuit, No. 22-1164

7.20.22 – The Center for Biological Diversity filed a petition with the D.C. Circuit Court, seeking a review of the final rule, titled “Renewable Fuel Standard (RFS) Program: RFS Annual Rules,” issued on July 1, 2022, by the U.S. Environmental Protection Agency (EPA). The final rule establishes the annual renewable fuel standards for the years 2020, 2021, and 2022. First, the petitioner asserted that EPA violated the Endangered Species Act (ESA) by neglecting to consult with both the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Furthermore, the petitioner argued that EPA also violated the Clean Air Act by failing to assess the potential environmental consequences associated with the rule. Additionally, the petitioner contended that the rule itself is arbitrary as EPA allegedly disregarded credible evidence presented in opposition to the rule.  

11.18.22 – The parties filed a joint motion to hold the case in abeyance until February 14, 2023.  

4.17.23 – The U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice of proposed settlement agreement. According to the terms of the settlement agreement, EPA would commit to ongoing consultation regarding section 7(a) of the Endangered Species Act for the 2020-2022 RFS Annual Rule. If either the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) provides a biological opinion as part of this consultation, EPA would commit to deciding on conservation measures for the impacted species. The petitioner, in return, would agree to formally withdraw its complaint once EPA concludes the consultation process.  

4.21.23 – The D.C. Circuit Court issued an order holding the case in abeyance and directed the parties to file motions to govern future proceedings by August 14, 2023.

8.9.23 – The plaintiffs entered a joint stipulation to dismiss the case voluntarily with prejudice.  

United States of America v. Quad County Corn Processors Cooperative [Case closed]
USDC N.D. Iowa, No. 5:22-cv-4057

10.27.22 – The U.S. Department of Justice (DOJ) filed a complaint on behalf of the U.S. Environmental Protection Agency (EPA) against Quad County Corn Processors Cooperative in Galva, Iowa, alleging misconduct in its ethanol production process. The complaint alleges that Quad County Corn Processors Cooperative, which produces approximately 35 million gallons of ethanol annually, deviated from its approved process by including non-cellulosic material in its cellulosic production. This led to the production of blended ethanol instead of pure cellulosic ethanol. Additionally, Quad is accused of applying incorrect Renewable Identification Numbers (RINs) to its ethanol and failing to provide the necessary data and chemical analysis to EPA. These actions, according to EPA, resulted in a failure to reduce approximately 4,689,959 pounds of carbon dioxide emissions. 

10.27.22 – The U.S. Department of Justice (DOJ) reached a proposed consent decree with Quad County Corn Processors addressing alleged violations of the Clean Air Act and the Renewable Fuel Standard (RFS) Program. Under the proposed consent decree, Quad will retire 438,314 renewable fuel credits by December 31, 2024, and pay $320,000 in civil penalties. The DOJ’s initial complaint suggested potential liability of up to $51,796 per day in violation, which could have amounted to over $7 million. The DOJ published a notice of the consent decree in the Federal Register on November 3, 2022, allowing for public comment until December 5, 2022.

12.19.22 – Plaintiffs filed an unresisted motion to approve consent judgment.  

3.2.23 – The U.S. District Court approved the motion to enter the consent decree, allowing the court to endorse the agreement reached between the parties and give it legal sanction.