Growth Energy has submitted a notice of intent to sue letter to the Environmental Protection Agency (EPA) regarding its failure to fulfill its statutory obligation to issue the 2021 Renewable Volume Obligation (RVO) by the November 30th statutory deadline. The notice gives EPA 60 days to issue the 2021 RVO before risking a lawsuit in federal court.

Growth Energy CEO Emily Skor said, “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.”

The Growth Energy letter to EPA notes that failure to set the RVO undermines the RFS and could lead to uncertainty in the market and lower than necessary biofuel blending levels.