D.C. Circuit Remands 2018 RFS To EPA For Endangered Species Review

An appellate court has remanded EPA’s 2018 renewable fuel standard (RFS) to the agency and is directing it to conduct a proper evaluation of whether the rule should trigger an extensive Endangered Species Act (ESA) review, a victory for environmentalists that may set a precedent for how EPA conducts species reviews in future RFS rules. In a Sept. 6 per curiam opinion , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit says EPA...