Renewable fuel standard tossed out by U.S. appeals court

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Published: August 3, 2017

environment

NEW YORK (Reuters) —The U.S. Environmental Protection Agency erred when setting standards for how much renewable fuel must be included in fuel sold in the United States, a U.S. court ruled last week, and ordered the agency to try again.

The EPA had sought to lower the amount of biofuel that needed to be mixed into U.S. fuel. But the U.S. Appeals Court, District of Columbia Circuit, said the agency had incorrectly interpreted a provision in the 2005 Energy Policy Act on which the agency relied to justify reducing the levels.

Rather than considering how much biofuel supply was available to refiners and importers, the EPA considered how much demand consumers expressed for renewable fuels. That consideration was not allowed under the law, according to the appeals court ruling.

“We are currently reviewing the decision,” said an EPA spokesperson.

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