Federal Court Dismisses American Petroleum Institute Lawsuit

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Federal implementation of the Renewable Fuel Standard is continuing to cause legal and battles. The American Petroleum Institute filed a lawsuit in the U.S. Court of Appeals for the District of Columbia against the Environmental Protection Agency for its decision to mandate the use of 1.28 billion gallons of biodiesel in 2013, a 28% increase from the 2012 requirement. “EPA’s overzealous 2013 biodiesel mandate is unworkable, could raise the costs of making diesel fuel, and should be reduced,” said Bob Greco, API group downstream director. “In its final rule, EPA admitted the costs of increasing the biodiesel volume requirement for 2013 outweighed the benefits by as much as $425 million.” On Dec. 17, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuit filed by the API against the EPA. According to court documents, the petition for review of the 2011 RFS was dismissed because it was filed with the court on July 24, 2012, beyond the 60-day period provided by regulation.

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