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Tuesday, July 20, 2021

Impact Unclear From Court Ruling On RFS In Favor Of Environmentalists

The U.S. Court of Appeals for the District of Columbia on Friday ruled in favor of environmental groups who challenged EPA's conclusion that the Renewable Fuel Standard (RFS) levels for 2019 did not pose a danger to the habitats of endangered species.

The court said EPA violated the Endangered Species Act by not consulting with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service before setting the 2019 biofuel levels.

The ruling orders EPA to reassess the 2019 levels. But the court also rejected claims by the biofuel industry that EPA set the 2019 levels too low and a claim by refiners that the levels were set too high.

It is still not clear what impact the ruling will have and history has shown it may not be a quick turnaround on a reexamination of the issue by EPA.