Several renewable fuel industry groups filed motions to intervene in support of the US Environmental Protection Agency (EPA) in an ongoing lawsuit filed against the agency regarding biofuel blending mandates.
The Center for Biological Diversity (CBD) sued the EPA this year arguing the Renewable Fuel Standard (RFS) targets for blending biofuels with conventional road fuels pose potential harm to endangered species, along with extensive environmental and ecological risk via large scale agricultural production and supply chains required to produce biofuels. The suit filed through the DC Circuit Court of Appeals cites the recently finalized "Set Rule 2" that went into effect in March, which set mandated volumes of products like ethanol and biomass-based diesel products for 2026 and 2027.
The CBD case was consolidated with others lawsuits filed by other environmental groups and trade groups, including the American Fuel and Petrochemical Manufacturers, who argue that the RFS poses an undue burden to the US' oil and gas industry — particularly small refineries.
Multiple biofuel industry groups filed motions this week to intervene in support of the EPA. The Clean Fuel Alliance America, which represents producers of biodiesel, renewable diesel, and other D4-generating products, claims the RFS mandates make a positive impact on biofuel supply chains. The group notes in its filing that soybean prices are at two-year highs because of the RFS, which supports the entire agriculture sector supply chain.
The Renewable Fuels Association, which largely supports domestic ethanol producers, argued in its filing that the production and profitability of its member companies would be directly harmed by a decrease in the volumes required by the Set 2 Rule.
Growth Energy, which represents a range of industry stakeholders across low carbon fuels and agriculture, argued the EPA's RFS helps lower retail fuel prices, reduce emissions, and boosts energy security. "Under the Set 2, the RFS continues to work as Congress intended," chief executive Emily Skor said. "EPA has again finalized RVOs that advance important energy security, environmental, and economic development goals. EPA has also again finalized RVOs that pose no real threat to the continued operation of small refineries."
No timeline for oral arguments has been set by the DC Circuit Court of Appeals at this time.
