Coalition wants federal appeals court to push EPA to replace missing gallons

In Washington, a coalition of the nation’s largest biofuels and agricultural trade groups filed a motion in the U.S. Court of Appeals in the District of Columbia asking the court to enforce its 2017 decision requiring the U.S. Environmental Protection Agency (EPA) to address its improper waiver of 500 million gallons of biofuel demand in the 2016 renewable volume obligation (RVO).

The coalition, which includes the Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, National Farmers Union, and National Sorghum Producers, issued a statement following the filing:

“It is simply unconscionable that EPA would so brazenly ignore a federal court’s order. The agency must do right by America’s farmers and biofuel producers and supporters. Together, our coalition represents millions of rural families, who should not have to resort to more court proceedings to hold EPA accountable to the law. It’s well past overdue that EPA restore the 500 million gallons and focus on restoring integrity to the Renewable Fuel Standard.”

In the motion filed Monday, the coalition asks the court to:

• Require EPA to issue a 500 million gallon “curative obligation” on obligated parties to make up for the lost gallons;

• Require EPA to do so no more than 6 months after the court’s order;

• Require obligated parties to show compliance with the additional obligations no more than 3 months after EPA issues the curative obligation; and

• Declare that it will not extend these deadlines.