Biodiesel Industry Pleased with Supreme Court Decision

Cindy Zimmerman

The U.S. Supreme Court will not hear a case brought by petroleum interests against the Environmental Protection Agency over the expanded Renewable Fuels Standard (RFS2).

The petition made by the National Petrochemical Refiners Association (NPRA) and the American Petroleum Institute (API) was rejected by the District Court of Appeals in December 2010. The petition filed in March 2010 claims that the RFS2 “violated the statutory requirements setting separate biomass-based diesel volume requirements for 2009 and 2010, that it was inappropriately retroactive without proper lead time and compliance provisions.”

National Biodiesel Board vice president of federal affairs Anne Steckel says they are happy with the court decision.

“The RFS program is working just as Congress intended. It’s creating jobs across the country. It’s breaking our addiction to oil. It’s helping clean our air, and it’s reducing greenhouse gases,” said Steckel. “This year alone, the biodiesel industry is on pace to produce at least 800 million gallons of advanced biofuel while supporting more than 31,000 jobs. We’re pleased to see the Supreme Court put an end to this litigation as we continue building a strong U.S. biodiesel industry.”

Ethanol industry group Growth Energy was also pleased with the decision which mainly impacts biodiesel producers as they had intervened in the court case to defend the mandated volumes and make sure that the volumetric levels were retroactive as of Jan 2010. “The intent of Congress was clear when it passed the Energy Independence and Security Act – domestically-produced biofuels do strengthen our national defense and help support our economy. We welcome the Supreme Court’s decision as the right decision,” said Tom Buis, CEO of Growth Energy.

Biodiesel, Ethanol, Growth Energy, NBB