In Precedent For Future Rulings, Split D.C. Circuit Backs 2020-2022 RFS

A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit has upheld EPA’s biofuel blending volumes for 2020 through 2022, backing the agency’s discretion to set the volumes that were the last issued under statutory targets, but also setting a precedent for the current RFS on how officials handle statutory factors, particularly costs. In a May 14 ruling in Sinclair Wyoming Refining, et al., v EPA , Chief Judge Sri Srinivasan and Judge Nina Pillard...