EPA Files Brief Supporting Its 2013 RFS Final Rule

On February 4, 2014, EPA filed a 113 page brief in the U.S. Court of Appeals for the District of Columbia. In its brief, EPA attempts to defend its final rule setting the 2013 RFS in the face of challenges to it by Monroe, the American Petroleum Institute, and American Fuel and Petrochemical Manufacturers. EPA argues that it was reasonable to maintain the total renewable and advanced biofuel levels under the RFS statute for 2013 because it determined that sufficient compliance options would be available to obligated parties to comply with the requirements that year. The court has not yet set a date for oral arguments.