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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