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Judges Dismiss RFS Waiver Lawsuit But Question ‘Troubling’ EPA Policy

November 12, 2019
Appellate judges have dismissed on procedural grounds a biofuels group’s challenge to EPA’s policy allowing a major ramping up of renewable fuel standard (RFS) compliance waivers, but they are also signaling potential sympathy to the group's ongoing attacks on the policy that the judges say “paint a troubling picture” of secretive agency law. In a Nov. 12 unpublished per curiam judgment , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit says the...


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