http://www.reuters.com/article/usa-biofuels-lawsuit-idUSL2N15R1R9
Fri Feb 12, 2016 2:05pm EST
Factbox: U.S. EPA faces lawsuits over its biofuels plan
EPA disappointed both the biofuel and oil industries with its November
plan for the Renewable Fuel Standard for 2014-2016.
Biofuel associations are challenging the agency's authority to set
targets below a 2007 congressional plan, oil groups are saying EPA was
late in setting its mandates, and refiners are pushing EPA to make
changes to the program.
Below are challenges to the EPA's plan.
AMERICANS FOR CLEAN ENERGY
Americans for Clean Energy and six other biofuel and agriculture groups
filed a lawsuit against the EPA, challenging the agency's authority to
set targets below a 2007 congressional plan.
The other groups were American Coalition for Ethanol, Growth Energy,
National Corn Growers Association, National Sorghum Producers, the
Renewable Fuels Association and the Biotechnology Innovation Organization.
AMERICAN PETROLEUM INSTITUTE (API)
API is challenging the Environmental Protection Agency's failure to meet
deadlines for the 2014 and 2017 biomass-based diesel standards and for
mandating more cellulosic ethanol in 2016 than exists.
The group has separately filed to intervene on behalf of EPA in another
lawsuit brought forward by biofuel interests.
AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS (AFPM)
AFPM has sued EPA, saying the agency failed to provide obligated parties
with the required lead time and used "flawed methodologies" to establish
the requirements.
AFPM has also filed separately to intervene on behalf of EPA in another
lawsuit brought forward by biofuel interests.
MONROE ENERGY LLC
Delta Air Lines Inc's Monroe Energy LLC has sued EPA in a push to shift
the requirements to comply with the Renewable Fuel Standard (RFS)
downstream, rather than on refiners like Monroe.
Oil refiners and importers can meet EPA's requirements by blending
greater amounts of ethanol and biodiesel with gasoline and diesel.
Merchant refiners that lack adequate blending capacity are forced to buy
compliance credits in a thinly traded, opaque market.
NATIONAL FARMERS UNION (NFU)
The NFU said in a statement on Friday it has filed a legal challenge,
asking a court to intervene and require EPA to use the biofuel
requirements laid out in the 2007 plan by Congress. The group has joined
other biofuel and agriculture interests that filed a similar lawsuit
last month, challenging the agency's ability to lower requirements.
VALERO ENERGY CORP
Valero has filed two lawsuits asking the EPA move the requirements to
comply with the biofuels program downstream. The company, which is the
country's top oil refiner and No. 3 ethanol producer, has also
petitioned EPA directly to make the change.
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