Leading Biofuel Groups Ask to Intervene in Latest Legal Challenge to Renewable Fuel Standard

Washington, D.C. (Nov. 4, 2013) – The Biotechnology Industry Organization (BIO), Growth Energy, and the Renewable Fuels Association (RFA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit to intervene in support of the Environmental Protection Agency’s (EPA) Renewable Fuel Standard (RFS2) 2013 final rule, which is currently being challenged by Monroe Energy, the American Petroleum Institute (API) and the American Fuel and Petrochemical Manufacturers (AFPM). The filing was made on Friday, Nov. 1.

BIO, Growth Energy and RFA represent the broadest spectrum of biofuel producers, advanced biofuel technology developers, and energy crop developers, all of whom depend on stable implementation of the RFS. The groups are asking the Court’s permission to intervene in this lawsuit on behalf of their member companies, who have a direct and substantial interest in this case that cannot be adequately represented by any other party. With this lawsuit, Monroe Energy, API and AFPM are seeking a reduction of the 2013 volume obligations for all renewable fuels. That would have a direct impact on the interests of the biofuel trade groups’ member companies. “Moreover, a reduction in the volumetric requirement for any one type of renewable fuel under the RFS could affect the demand for other types of renewable fuels,” the groups stated in the filing.

This same Court in January 2013 upheld EPA’s authority to set advanced and cellulosic biofuel volume obligations at the maximum achievable level, in order to achieve Congress’ intent to promote production and use of renewable fuels. The trade groups will ask the Court to reaffirm this finding.

The case is D.C. Circuit case No. 13-1265, Monroe Energy, LLC v. United States Environmental Protection Agency, which has been consolidated with cases 13-1267 and 13-1268.

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