Court denies NPRA/API legal challenge to RFS2
21 December 2010 saw the US District Court of Appeals for the District of Columbia fully deny the petition by the National Petrochemical Refiners Association and the American Petroleum Institute challenging the Renewable Fuels Standard (RFS2).
According to petitioners, the RFS2 final regulation violated the statutory requirements setting separate biomass based diesel volume requirements for 2009 and 2010, it was impermissibly retroactive, and it violated appropriate statutory lead time and compliance provisions.
According to Manning Feraci, the VP of federal affairs for the National Biodiesel Board (NBB), ‘This wholly validates the US biodiesel industry’s legal position and sends a clear, unambiguous signal to the marketplace that the common-sense renewable goals established in the RFS2 programme will be met.’
The Renewable Energy Group (REG) also applauds the decision. ‘This lawsuit was the final piece of uncertainty creating market disruption for the biodiesel industry,’ commented Gary Haer, VP, sales and marketing at REG. ‘With last week’s reinstatement of the biodiesel blenders’ tax credit and today’s announcement by the court, REG is bullish on the 2011 market for biodiesel demand.’
He continued: ‘The decision is an important sign that our nation is moving full-steam ahead to meet our energy independence and greenhouse gas emissions reductions goals.’
According to petitioners, the RFS2 final regulation violated the statutory requirements setting separate biomass based diesel volume requirements for 2009 and 2010, it was impermissibly retroactive, and it violated appropriate statutory lead time and compliance provisions.
According to Manning Feraci, the VP of federal affairs for the National Biodiesel Board (NBB), ‘This wholly validates the US biodiesel industry’s legal position and sends a clear, unambiguous signal to the marketplace that the common-sense renewable goals established in the RFS2 programme will be met.’
The Renewable Energy Group (REG) also applauds the decision. ‘This lawsuit was the final piece of uncertainty creating market disruption for the biodiesel industry,’ commented Gary Haer, VP, sales and marketing at REG. ‘With last week’s reinstatement of the biodiesel blenders’ tax credit and today’s announcement by the court, REG is bullish on the 2011 market for biodiesel demand.’
He continued: ‘The decision is an important sign that our nation is moving full-steam ahead to meet our energy independence and greenhouse gas emissions reductions goals.’
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