The National Biodiesel Board (NBB) will present oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit today challenging the Environmental Protection Agency’s interpretation and use of its waiver authority regarding the 2014-16 Renewable Fuel Standards (RFS).

David Salmons of Morgan, Lewis & Bockius LLP will present NBB’s case, arguing against the U.S. Environmental Protection Agency’s (EPA) interpretation of its waiver authority and its actions to reduce the advanced-biofuel volume requirement in recent years. While joining various ethanol groups on arguments related to EPA’s general waiver authority, NBB also raised numerous arguments related to EPA’s advanced biofuel volumes. Additionally, NBB supported EPA against the claims by obligated parties with respect to the biomass-based diesel volumes from 2014-17.

NBB is one of a number of industry organizations including ethanol, agriculture, and petroleum interests that filed briefs with the court in February over several issues regarding EPA’s interpretation of the RFS under a lawsuit originally filed by Americans for Clean Energy.