In Washington, the National Biodiesel Board filed an opening brief July 27 in its lawsuit objecting to U.S. EPA’s methodology for establishing the 2018 Renewable Fuel Standards (RFS). NBB specifically disputes three issues with EPA’s final RFS rule for 2018, arguing:
-EPA must account for all small refinery exemptions in the annual percentage standard;
-the agency acted arbitrarily when it set the 2018 advanced biofuel volume below what it found to be “reasonably attainable;” and
-the agency set the 2019 biomass-based diesel volume based on impermissible considerations.
NBB’s brief is the first the courts will consider in arguing that EPA must account for all small refinery “hardship” exemptions—including retroactively granted exemptions—when it sets the annual RFS volumes and renewable volume obligations (RVOs).
NBB’s challenge is consolidated with other petitions to the U.S. Court of Appeals for the D.C. Circuit, in a case titled AFPM v. EPA (17-1258). EPA is scheduled to file a reply brief by Oct. 25, 2018.