updates on the court challenge to the RFS: minimal long-term impact

I like how this post by Judy Endres explains the recent court ruling “overturning part of the RFS”.  The devil is in the details:

Although the court rejected EPA’s approach favoring overestimation of projected cellulosic biofuel production, the RFS itself, and EPA’s general methodology of establishing both advanced and cellulosic biofuel projections, both survived the API challenge. As a result, regulated parties under the RFS (refiners, importers and blenders) can expect EPA to establish a final applicable volume for 2013 and beyond perhaps more in line with EIA projections, but the agency retains significant flexibility to justify deviations, even substantial deviations, from EIA estimates so long as the methodology does not have an explicit bias toward overestimation.

Successful Legal Challenge to Renewable Fuel Standard Likely to Have Minimal Long-Term Impact on Biofuels

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2 Responses to updates on the court challenge to the RFS: minimal long-term impact

  1. John says:

    In the short term, this seems like splitting hairs to me- does it really matter whether the 2012 cellulosic targets that EPA set were 20% higher than EIA estimates, when in fact the actual production was <1% of either estimate?

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