EPA’s legal standing on RFS may hinge on “distribution capacity” language

In Washington, some analysts expect that any legal case on the EPA’s delayed implementation of the 2014 RFS will hinder on the term “distribution capacity” because it was dropped in the final law passed in 2005. Though the Renewable Fuel Standard grants the EPA the right to wind down blending targets if there isn’t enough supply, it can’t do so if the infrastructure doesn’t exist, as the EPA claims is the case with not enough pumps available for higher ethanol blends.