The U.S. Court of Appeals for the District of Columbia Circuit dismissed December 17 portions of an American Petroleum Institute, American Fuel & Petrochemical Manufacturers, and Western States Petroleum Association lawsuit challenging the Environmental Protection Agency’s renewable fuel standard for 2011. The court found that the industry did not file a challenge to the December 2010 rule, which established renewable fuel volume requirements for 2011, within 60 days as required. At the same time, parts of the suit challenging the agency’s decision to deny industry petitions to waive the cellulosic ethanol component of the 2011 renewable fuel standard will be allowed to proceed.
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Portions of RFS challenge dismissed
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