Appellate Judges Give Few Indications On Legality Of 2022 RFS Volumes

Judges on the U.S. Court of Appeals for the District of Columbia Circuit during Nov. 3 oral argument pressed EPA, refiners and biofuels groups about the legality of the agency’s 2022 biofuel blending mandates under the renewable fuel standard (RFS), but they gave little indication on whether they will uphold the requirements. Argument over EPA’s 2022 volumes rule centered on the agency’s Clean Air Act authority to “reset” statutory targets to lower levels once shortfalls in biofuel blending below prior...