D.C. Circuit Largely Backs 2019 RFS, But Faults Lack Of ESA Consultation

A federal appellate court has largely upheld EPA’s renewable fuel standard (RFS) for 2019 but has remanded the rule over the agency’s failure to consult other agencies under the Endangered Species Act (ESA) as well as officials’ determination that the program does not cause “severe environmental harm." In its July 16 opinion in Growth Energy, et al. v. EPA , the U.S. Court of Appeals for the District of Columbia Circuit backs EPA discretion on a host of issues, such...