United States Court of Appeals, District of Columbia Circuit
February 20, 2019
Petitions for Review of an Action of the United States
Environmental Protection Agency
A. Lorenzen and Samara L. Kline argued the causes for
Obligated Petitioners. Suzanne Murray argued the cause for
petitioner-intervenor Small Retailers Coalition. With them on
the briefs were Julie R. Domike, Michael J. Scanlon, Richard
S. Moskowitz, Robert J. Meyers, Elizabeth B. Dawson, Megan H.
Berge, Lisa M. Jaeger, Brittany M. Pemberton, and Clara
Poffenberger. Evan A. Young entered an appearance.
M. Killian argued the cause for petitioner National Biodiesel
Board. With him on the briefs was Douglas A. Hastings.
Devorah Ancel argued the cause for Environmental Petitioners.
With her on the briefs was Eric Huber.
Benjamin R. Carlisle, Attorney, and Michael R. Eitel, Senior
Trial Attorney, U.S. Department of Justice, argued the causes
for respondent. With them on the brief were Jeffrey H. Wood,
Acting Assistant Attorney General, Jonathan D. Brightbill,
Deputy Assistant Attorney General, and David P.W. Orlin,
Attorney, U.S. Environmental Protection Agency.
Allen Lorenzen argued the cause for intervenors in support of
respondent responding to National Biodiesel Board. With him
on the brief were Robert A. Long Jr., Kevin King, Stacy
Linden, Richard S. Moskowitz, Robert J. Meyers, and Elizabeth
B. Dawson. David Y. Chung and John P. Wagner entered
P. Waxman, David M. Lehn, Saurabh Sanghvi, Claire H. Chung,
Robert A. Long, Jr., Kevin King, Matthew W. Morrison, Bryan
M. Stockton, Bryan M. Killian, and Douglas A. Hastings were
on the brief for intervenors Growth Energy, et al. in support
Matthew W. Morrison, Bryan M. Stockman, Seth P. Waxman, David
M. Lehn, Saurabh Sanghvi, Claire H. Chung, Bryan M. Killian,
and Douglas A. Hastings were on the brief for intervenors
Renewable Fuels Association, et al. in support of respondent.
Before: Henderson, Tatel, and Griffith, Circuit Judges.
Clean Air Act's Renewable Fuel Program mandates that
certain amounts of renewable fuel must be introduced into the
U.S. fuel supply each year. In late 2017, the EPA promulgated
its final 2018 Rule, which, as in previous years, established
overall targets for the fuel market and imposed individual
compliance obligations on fuel refineries and importers.
These consolidated cases concern various challenges to the
2018 Rule. Several petitioners maintain it is too strict,
others allege it is too lax, and still others argue that the
EPA failed to follow proper procedures in its promulgation.
We conclude that all these challenges lack merit, except for
one: that the EPA violated its obligations under the
Endangered Species Act by failing to determine whether the
2018 Rule may affect endangered species or critical habitat.
We therefore grant the petition for review filed by the Gulf
Restoration Network and Sierra Club and remand the 2018 Rule
without vacatur for the EPA to comply with the Endangered
Species Act. We deny all other petitions for review.
The Renewable Fuel Program
in 2005 and amended in 2007, the Renewable Fuel Program (the
"Program" or "RFS Program"),
alternatively called the Renewable Fuel Standard, was
designed "[t]o move the United States toward greater
energy independence and security" and "to increase
the production of clean renewable fuels." Energy
Independence and Security Act of 2007, Pub. L. No. 110-140,
pmbl., 121 Stat. 1492, 1492; see also id.
§§ 201- 210 (amending the Program); Energy Policy
Act of 2005, Pub. L. No. 109-58, § 1501, 119 Stat. 594,
1067-76 (enacting the Program). To accomplish these goals,
the Program regulates suppliers through "applicable
volume[s]"-mandatory and annually increasing quantities
of renewable fuels that must be "introduced into
commerce in the United States" each year- and tasks the
EPA Administrator with "ensur[ing]" that those
annual targets are met. 42 U.S.C. § 7545(o)(2)(A)(i). As
we explained in Americans for Clean Energy v. EPA,
"[b]y requiring upstream market participants . . . to
introduce increasing volumes of renewable fuel into the
transportation fuel supply, Congress intended the Renewable
Fuel Program to be a 'market forcing policy' that
would create 'demand pressure to increase
consumption' of renewable fuel." 864 F.3d 691, 705
(D.C. Cir. 2017) (first quoting Renewable Fuel Standard
Program: Standards for 2014, 2015, and 2016 and Biomass-Based
Diesel Volume for 2017, 80 Fed. Reg. 77, 420, 77, 423 (Dec.
14, 2015); then quoting Monroe Energy, LLC v. EPA,
750 F.3d 909, 917 (D.C. Cir. 2014)).
Program specifies annual fuel-volume requirements for four
overlapping categories of fuel. The first and broadest
category, "renewable fuel," includes any "fuel
that is produced from renewable biomass and that is used to
replace or reduce the quantity of fossil fuel present
in" either "a transportation fuel," 42 U.S.C.
§ 7545(o)(1)(J), or "home heating oil or jet
fuel," id. § 7545(o)(1)(A); see
also Regulation of Fuels and Fuel Additives: Changes to
Renewable Fuel Standard Program, 75 Fed. Reg. 14, 670, 14,
687 (Mar. 26, 2010) (including "home heating oil"
and "jet fuel" within the definition of
"renewable fuel"). Next are "advanced
biofuel[s]," a subset of the renewable-fuel category
defined as any "renewable fuel, other than ethanol
derived from corn starch, that has lifecycle greenhouse gas
emissions . . . at least 50 percent less than" "the
average lifecycle greenhouse gas emissions . . . for gasoline
or diesel" as of 2005. 42 U.S.C. §
7545(o)(1)(B)(i), (C). Lastly, of the fuels falling under the
advanced-biofuel umbrella, the Program singles out two in
particular: "cellulosic biofuel," a fuel derived
from the fibrous parts of plants, see id. §
7545(o)(1)(E), and "biomass-based diesel," a
renewable substitute for conventional diesel, see
id. §§ 7545(o)(1)(D), 13220(f). Because the
definitions of these four fuel categories are
"nested," so, too, are their applicable volumes.
Ams. for Clean Energy, 864 F.3d at 731. As depicted
below, the Program will double- or even triple-count the more
specialized fuels, such that one gallon of advanced biofuel
simultaneously counts as one gallon of renewable fuel, and
one gallon of either cellulosic biofuel or biomass-based
diesel also counts as one gallon of both advanced biofuel and
Program lists calendar years and corresponding applicable
volumes for each type of fuel. These tables run through 2022
for renewable fuel, advanced biofuel, and cellulosic biofuel;
for 2018, the statute mandates applicable volumes of 26, 11,
and 7 billion gallons, respectively. See 42 U.S.C.
§ 7545(o)(2)(B)(i)(I)-(III). In contrast, the Program
provides applicable volumes for biomass-based diesel through
only 2012. See id. § 7545(o)(2)(B)(i)(IV). For
all later years, the statute sets a floor of 1 billion
gallons, see id. § 7545(o)(B)(i)(IV), (v), and
directs the Administrator to establish, "no later than
14 months" before the relevant year, an applicable
volume "based on a review of the implementation of the
program during" previous years and "an analysis
of" six other broad factors such as the fuel's
effect on "the environment," "energy
security," and "cost to consumers,"
id. § 7545(o)(B)(ii).
the statutory tables initially appear to admit no exception,
their applicable volumes in fact provide only starting
points. Under certain circumstances, the Program grants the
Administrator authority to exercise so-called waivers to
reduce applicable volumes below statutory levels. Three
waivers are relevant to this case.
first waiver is mandatory. The Program requires that if in
any year "the projected volume of cellulosic biofuel
production is less than the minimum applicable volume"
set by statute, then "the Administrator shall reduce the
applicable volume of cellulosic biofuel . . . to the
projected volume available during that calendar year."
Id. § 7545(o)(7)(D)(i). Put simply, regardless
of the applicable volume Congress established in the Program,
the EPA may require by regulation no more cellulosic biofuel
than the market is projected to provide in any given year.
second waiver flows from the first. For any year in which the
EPA reduces the applicable volume of cellulosic biofuel based
on a projected shortfall, "the Administrator may also
reduce the applicable volume of renewable fuel and advanced
biofuels . . . by the same or a lesser volume."
Id. Unlike its mandatory cousin, this
"cellulosic waiver" is discretionary: if cellulosic
biofuel is projected to underperform statutory levels, the
Administrator may reduce renewable fuel and advanced biofuel
volumes by the entire cellulosic deficit, by some percentage
of the shortfall, or by nothing at all. See id.;
see also Regulation of Fuels and Fuel Additives:
2013 Renewable Fuel Standards, 78 Fed. Reg. 49, 794, 49, 810
(Aug. 15, 2013) (interpreting the cellulosic waiver provision
"as authorizing [the] EPA to reduce both total renewable
fuel and advanced biofuel, by the same amounts, if [the] EPA
reduces the volume of cellulosic biofuel"). Because
cellulosic biofuel is nested within advanced biofuel, if the
Administrator exercises anything less than a full cellulosic
waiver, other advanced biofuels will need to make up for the
last waiver, the so-called general waiver, is also
discretionary. It permits the Administrator to "reduc[e]
the national quantity of renewable fuel required" by the
Program "based on a determination" that any of
three circumstances exist: first, "that implementation
of the requirement would severely harm the economy . . . of a
State, a region, or the United States," 42 U.S.C. §
7545(o)(7)(A)(i); second, "that implementation of the
requirement would severely harm the . . . environment of a
State, a region, or the United States," id.; or
third, "that there is an inadequate domestic
supply," id. § 7545(o)(7)(A)(ii). The
Administrator may exercise the general waiver in response to
a petition by a state or regulated party or "on his own
motion." Id. § 7545(o)(7)(A).
exercising any waivers and finalizing an applicable volume
for each type of fuel, the EPA must by November 30 of each
year calculate and promulgate "renewable fuel
obligation[s] that" will "ensure that the
[Program's] requirements . . . are met" in the
upcoming year. Id. § 7545(o)(3)(B)(i). In broad
strokes, this task requires the EPA to identify the entities
responsible for collectively achieving applicable volumes,
quantify each entity's individual obligation, and ensure
those entities' successful compliance.
begin with, there is the threshold question of who, exactly,
must satisfy renewable fuel obligations-that is, who are the
"obligated parties"? Although the statute states
that "[t]he renewable fuel obligation determined for a
calendar year . . . shall . . . be applicable to refineries,
blenders, and importers, as appropriate," id.
§ 7545(o)(3)(B)(ii)(I), the EPA has since the
Program's inception declined to include blenders-defined
as "part[ies] that simply blend renewable fuel into
gasoline or diesel fuel," 40 C.F.R. §
80.1406(a)(1)- within the definition of "obligated
party," see Regulation of Fuels and Fuel
Additives: Renewable Fuel Standard Program, 72 Fed. Reg. 23,
900, 23, 924 (May 1, 2007) (designating obligated parties);
Regulation of Fuels and Fuel Additives: Changes to Renewable
Fuel Standard Program, 75 Fed. Reg. at 14, 721-22 (same).
Instead, the EPA defines an obligated party as "any
refiner that produces gasoline or diesel fuel within the 48
contiguous states or Hawaii, or any importer that imports
gasoline or diesel fuel into the 48 contiguous states or
Hawaii during a compliance period." 40 C.F.R. §
80.1406(a)(1). The Program does, however, permit "small
refiner[ies]" to receive exemptions from renewable fuel
obligations if they demonstrate that compliance would inflict
"disproportionate economic hardship." 42 U.S.C.
each year the EPA must transform its aggregate,
fuel-sector-wide applicable volumes into individual
compliance obligations that sum to the requisite whole. To do
this, the Program instructs the EPA to translate the
applicable volumes into "percentage[s] of transportation
fuel sold or introduced into commerce in the United
States." Id. § 7545(o)(3)(B)(ii)(II). By
dividing the applicable volumes for each fuel type by an
estimate of the total gasoline and diesel volume that will be
used in the coming year (subject to some adjustments), the
EPA generates "percentage standards" which then
"inform each obligated party of how much renewable fuel
it must introduce into U.S. commerce based on the volumes of
fossil-based gasoline or diesel it imports or produces."
Ams. for Clean Energy, 864 F.3d at 699; see
also 40 C.F.R. § 80.1405(c) (setting out the
percentage-standard formula). In other words, the EPA
estimates what percentage of the overall fuel supply each
renewable-fuel type should constitute and then requires each
obligated party to replicate those percentages on an
the nuances of the percentage standard are mostly beyond the
scope of this case, one feature requires mention. When
calculating percentage standards for any given year, the EPA
accounts for any small refineries that have received
exemptions by requiring non-exempt obligated parties to
produce proportionally more. See Regulation of Fuels
and Fuel Additives: 2011 Renewable Fuel Standards, 75 Fed.
Reg. 76, 790, 76, 805 (Dec. 9, 2010) (explaining that
small-refinery exemptions "result in a proportionally
higher percentage standard for remaining obligated
parties"). The problem is that while the EPA must
promulgate annual percentage standards by November 30 each
year, refineries may petition for an exemption "at any
time," 42 U.S.C. § 7545(o)(9)(B)(i), and the EPA
has no mechanism to adjust renewable fuel obligations to
account for exemptions granted after each year's
percentage standards are finalized. As a result, because the
EPA cannot ensure that non-exempt obligated parties
compensate for the renewable-fuel shortfall created by
belated exemptions, those gallons of renewable fuel simply go
after the obligated parties have been identified and their
percentage standards have been set, there remains the matter
of compliance. The Program does not require each obligated
party to produce precisely the right mix of fuel itself.
See id. § 7545(o)(5) (directing the EPA to
establish a "[c]redit program"). Instead, for every
gallon of renewable fuel entering the U.S. market, producers
and importers may generate a set of "Renewable
Identification Numbers" (RINs). See 40 C.F.R.
§§ 80.1426, 80.1429(b) (describing how RINs are
"generated" and then "separated" from
their fuel); Ams. for Clean Energy, 864 F.3d at 699
(same). Each year, obligated parties must generate or
purchase enough RINs to meet their renewable fuel
obligations, which the obligated parties then satisfy by
"retir[ing]" RINs at an annual compliance
demonstration. 40 C.F.R. § 80.1427. To prevent fuel that
ultimately leaves the U.S. market from satisfying obligated
parties' renewable fuel obligations, the EPA also
requires exporters to retire any RINs (or an equivalent
number of RINs) that were generated by exported fuel.
See 40 C.F.R. § 80.1430 (listing requirements
for renewable-fuel exporters). An obligated party lacking
enough RINs may, under certain circumstances, carry forward a
deficit, while an obligated party possessing excess RINs may
save those RINs for the following year. See 42
U.S.C. § 7545(o)(5)(B), (D) (addressing the transfer of
RINs and the ability to carry forward a RIN deficit); 40
C.F.R. § 80.1427(b) (addressing "[d]eficit
carryovers"); id. § 80.1428(c) (addressing
The 2018 Rule
fulfill its annual rulemaking obligation under 42 U.S.C.
section 7545(o)(3)(B)(i), the EPA proposed a rule in July
2017 to set renewable fuel applicable volumes and percentage
standards for 2018 and a biomass-based diesel applicable
volume for 2019. Renewable Fuel Standard Program: Standards
for 2018 and Biomass-Based Diesel Volume for 2019
("Proposed Rule"), 82 Fed. Reg. 34, 206 (proposed
July 21, 2017). The Proposed Rule explained that
"[r]eal-world challenges, such as the
slower-than-expected development of the cellulosic biofuel
industry, . . . have made the volume targets established by
Congress for 2018 beyond reach for all fuel categories other
than [biomass-based diesel]." Id. at 34, 207.
The EPA thus proposed reducing the cellulosic biofuel
applicable volume to match the projected volume of cellulosic
biofuel available in 2018 and exercising its discretionary
cellulosic waiver authority to reduce the applicable volumes
for advanced biofuel and total renewable fuel a corresponding
amount. Id. at 34, 208-10. It determined that the
market for biomass-based diesel, however, outproduced the
minimum requirements of the Program and therefore proposed
maintaining for 2019 its applicable volume for biomass-based
diesel set for 2018. Id. at 34, 210-11.
Proposed Rule further solicited comment on three other
issues. First, although the EPA initially concluded that it
should not exercise its general waiver authority to reduce
applicable volumes further, it solicited comment on whether
it should exercise that authority due to either severe
economic harm or inadequate domestic supply. Id. at
34, 213. Second, it solicited comment on how it should
account for small refinery exemptions when translating the
2018 applicable volumes into percentage standards.
Id. at 34, 241-42. And third, it solicited comment
on the current RIN trading market. Id. at 34, 211.
It clarified, however, that it was "not soliciting
comment on any aspect of the current RFS regulatory program
other than those specifically related to RIN trading . . .
and the proposed annual standards for 2018 and biomass-based
diesel applicable volume for 2019." Id.
the comment period, the EPA published supplemental
information regarding its proposal and requested further
comment on aspects of the Proposed Rule. See
Renewable Fuel Standard Program: Standards for 2018 and
Biomass-Based Diesel Volume for 2019; Availability of
Supplemental Information and Request for Further Comment
("Supplemental Information"), 82 Fed. Reg. 46, 174
(Oct. 4, 2017). In particular, in response to this
court's intervening decision in Americans for Clean
Energy, 864 F.3d 691, the EPA solicited comment on the
meaning of the phrases "inadequate domestic supply"
and "severe economic harm" in the general waiver
provision, 42 U.S.C. section 7545(o)(7)(A). See
Supplemental Information, 82 Fed. Reg. at 46, 177-79.
235, 000 comments later, the EPA promulgated its final 2018
Rule in December 2017. See Renewable Fuel Standard
Program: Standards for 2018 and Biomass-Based Diesel Volume
for 2019 ("2018 Rule"), 82 Fed. Reg. 58, 486, 58,
487 (Dec. 12, 2017). The 2018 Rule tracked the Proposed Rule
with only slight modifications. The EPA reduced the
applicable volume for cellulosic biofuel to match the
agency's updated projection of the amount of cellulosic
biofuel that would be produced in 2018. Id. at 58,
487. It also exercised its full cellulosic waiver authority
to reduce the applicable volumes for advanced biofuel and
renewable fuel by an equal amount. Id. And as
anticipated in the Proposed Rule, the EPA declined to
exercise its general waiver authority to reduce applicable
volumes further due to inadequate domestic supply or severe
economic harm. Id. The EPA adopted the following
final applicable volumes and percentage standards:
Rule: Applicable Volumes & Percentage Standards
Applicable Volume (billions of gallons)
Total Renewable Fuel
Id. at 58, 487, 58, 491. The EPA further explained
that it calculated the percentage standards without
prospectively adjusting for potential small refinery
exemptions and that it did not intend to adjust retroactively
the fuel percentage standards to account for exemptions it
subsequently granted. Id. at 58, 523. The EPA also
declined to address as "beyond the scope of this
rulemaking" comments asking it to reconsider its RIN
policy for renewable fuel exports and its definition of
obligated parties. Assessment and Standards Div., Office of
Transp. and Air Quality, EPA, EPA-420-R-17-007, Renewable
Fuel Standard Program - Standards for 2018 and Biomass-Based
Diesel Volume for 2019: Response to Comments 223 (December
2017) ("Response to Comments"), Joint Appendix
the EPA promulgated its final rule, four groups of interested
parties petitioned for review in this court. American Fuel
& Petrochemical Manufacturers, a national trade
association of U.S. refineries and petrochemical
manufacturers, and Valero Energy Corporation, a Texas-based
energy company that refines transportation fuels, produces
biofuels, and sells them in the United States (together, the
"Obligated Parties"), both filed petitions for
review challenging the 2018 Rule as setting applicable
volumes and percentage standards too high. On the other hand,
the National Biodiesel Board, a biodiesel industry trade
association, petitioned for review of the 2018 Rule on the
ground that the Rule set applicable volumes and percentage
standards too low. Independently, the Sierra Club and Gulf
Restoration Network, two nonprofit environmental groups
(together, the "Environmental Petitioners"), filed
a joint petition for review of the 2018 Rule, claiming that
the EPA violated the Endangered Species Act, 16 U.S.C.
§§ 1531-1544, by failing to consult with the U.S.
Fish and Wildlife Service and the National Marine Fisheries
Service regarding whether the 2018 Rule would adversely
affect threatened or endangered species. Several other
parties intervened, including the Small Retailers Coalition,
a national trade association of small gasoline and diesel
retailers, which intervened on behalf of the Obligated
Parties and now argues that the EPA violated the Regulatory
Flexibility Act, 5 U.S.C. §§ 601-612, by failing to
assess the 2018 Rule's potential effects on small fuel
the petitions before us were pending, another panel of this
court resolved several petitions challenging the EPA's
final rule setting applicable volumes and percentage
standards for 2017 and the applicable volume for
biomass-based diesel for 2018. See Alon Ref. Krotz
Springs, Inc. v. EPA, No. 16-1052, slip op. at 6-7 (D.C.
Cir. Aug. 30, 2019) (deciding related case Coffeyville
Res. Ref. & Mktg., LLC v. EPA, No. 17-1044 (D.C.
Cir. filed Feb. 9, 2017)).
Jurisdiction and Standards of Review
jurisdiction of a timely petition for review of the EPA's
regulations implementing the Program. 42 U.S.C. §
7607(b)(1). We may reverse the EPA's actions under the
Program if we find them to be "arbitrary, capricious,
[or] an abuse of discretion." Id. §
7607(d)(9)(A). We will sustain the EPA's actions,
however, so long as the agency "consider[ed] all of the
relevant factors and demonstrate[d] a reasonable connection
between the facts on the record and the resulting policy
choice." Sierra Club v. Costle, 657 F.2d 298,
323 (D.C. Cir. 1981). In conducting our review, we "give
an 'extreme degree of deference' to the EPA's
evaluation of 'scientific data within its technical
expertise,' especially where, as here, we review the
'EPA's administration of the complicated provisions
of the Clean Air Act.'" Miss. Comm'n on
Envtl. Quality v. EPA, 790 F.3d 138, 150 (D.C. Cir.
2015) (per curiam) (citation omitted) (first and second
quoting City of Waukesha v. EPA, 320 F.3d 228, 247
(D.C. Cir. 2003) (per curiam); then quoting Catawba Cty.
v. EPA, 571 F.3d 20, 41 (D.C. Cir. 2009) (per curiam)).
may reverse an EPA action under the Program if we determine
that it is "otherwise not in accordance with law"
or "in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right." 42 U.S.C.
§ 7607(d)(9)(A), (C). The court reviews the EPA's
interpretation of the Clean Air Act under the familiar
two-step framework formulated in Chevron, U.S.A., Inc. v.
Natural Resources Defense Council, Inc., 467 U.S. 837
(1984). Under Chevron, the court defers to the
EPA's interpretation if the statutory text is ambiguous
and the EPA's interpretation is reasonable. See
id. at 842-45.
proceed to apply these standards of review to each of the
claims raised in these consolidated cases. In Part III we
address arguments regarding the 2018 Rule's applicable
volumes, including claims that the EPA erred both in
exercising its full cellulosic waiver authority and in
declining to exercise its general waiver authority. Next, in
Part IV we discuss challenges to the ways in which the EPA
translates applicable volumes into compliance obligations,
specifically its treatment of RINs generated by renewable
fuel exports, its definition of "obligated
parties," and its method for accounting for small
refinery exemptions when calculating percentage standards. In
Part V we deal with the claim that the EPA violated the
Regulatory Flexibility Act in promulgating the 2018 Rule. And
finally, in Part VI we consider whether the EPA violated the
Endangered Species Act by failing to engage in interagency
consultation before issuing the 2018 Rule.
begin with the 2018 Rule's applicable volumes. To arrive
at those requirements, the EPA proceeded through a series of
interlocking steps. It began by projecting 288 million
gallons of cellulosic biofuel production in 2018-6.71 billion
gallons short of the Program's 7-billion-gallon statutory
target-and exercised its mandatory waiver accordingly.
See 2018 Rule, 82 Fed. Reg. at 58, 492, 58, 495-504.
Next, after estimating "reasonably attainable"
volumes of other advanced biofuels and considering "the
costs and benefits associated with" achieving those
volumes, the EPA decided to exercise its full cellulosic
waiver authority to reduce advanced biofuel and renewable
fuel applicable volumes to 4.29 and 19.29 billion gallons,
respectively. Id. at 58, 513. And finally, the EPA
considered but rejected using its general waiver authority,
concluding that neither "severe economic harm" nor
"inadequate domestic supply" warranted further
reductions in applicable volumes. Id. at 58, 516-18.
find fault in each of these steps. First, the Obligated
Parties argue that the EPA miscalculated its projection of
cellulosic biofuel production. Second, the National Biodiesel
Board contends that the EPA impermissibly considered
financial costs when deciding to set applicable volumes of
advanced biofuels below reasonably attainable levels. And
third, the Obligated Parties argue that, for various reasons,
the EPA unreasonably interpreted and refused to exercise its
general waiver authority. None of these challenges has merit.
Liquid Cellulosic ...