Growth Energy threatens lawsuit over blending obligations dispute
The organisation is accusing the EPA of failing to commit to its statutory obligation to issue the 2021 RVO by 30 November - an annual deadline set by the Renewable Fuel Standard (RFS). The notice gives EPA 60 days to issue the 2021 RVO before risking a lawsuit in federal court.
Every year, the EPA is required to set the RVO so that biofuel and fossil fuel companies understand their total renewable fuel blending obligations for the following year. Failure to set the RVO undermines the RFS and could lead to uncertainty in the market and lower than necessary biofuel blending levels.
Growth Energy CEO Emily Skor issued a statement following the submission to EPA:
She said: “Biofuel producers faced a difficult year in 2020, with fuel demand plummeting to 30-year lows at a historic rate.
“At its lowest, over half the country’s biofuel plants were forced to slow down or idle, and many have still been unable to come back online.
“As we head into a new year and our industry continues to try and recover from the effects of COVID-19, EPA’s failure to meet their statutory obligation to issue RVOs piles on the uncertainty in the fuel marketplace. The Agency needs to take action on behalf of rural America and follow through with its RFS obligation.”