Recently, the Institute for Policy Integrity (IPI) announced that it will not sue the U.S. Environmental Protection Agency (EPA) at this time to force it to promulgate a national Low Carbon Fuel Standard (LCFS). According to the Consumer Energy Alliance (CEA), such a cap and trade program for transportation fuels would make drivers pay more at the pump and significantly weaken America’s energy security.

The news came several weeks after EPA Administrator nominee Gina McCarthy said to Congress, “EPA is not considering nor does it have any plans to seek to establish a federal LCFS.” California passed its version of the LCFS and was subsequently sued and found unconstitutional by the Supreme Court; although, while the courts work out the details, the state is allowed to continue rolling out its law.

CEA is pleased to learn that IPI has decided -at least for now- that it will not sue EPA to get what it wants: an onerous new mandate on transportation fuels that will hurt American consumers  and weaken our energy security,” said Micheal Whatley, CEA vice president. “It is important to continue to monitor IPI and other groups who may decide at any time to sue the EPA, hoping to force a settlement that would lead to the development of an LCFS regime.”

“Unfortunately,” Whately continued, “too many groups that lose policy fights in Congress and within federal agencies seek to use the courts as a means to get what they cannot get through the legislative process. We echo the concerns of many in the Senate who want to ensure that the ‘sue and settle’ process is not used in this case, and we thank Senator Vitter for his efforts in obtaining clarity from EPA that the agency has no intention of pursuing an LCFS.”

Whatley stressed that forcing EPA’s hand is not in the best interest of American consumers and businesses. In addition, he said CEA would continue to educate policy makers and the public about the “tremendous negative impacts” an LCFS would have at any level on the U.S. economy.