For the 2014 Renewable Fuel Standard (RFS), EPA proposes to use for the first time its general waiver authority to reduce the total renewable fuel and advanced biofuel volume requirements. Bloomberg BNA authors examine whether the 2014 RFS and beyond will survive judicial scrutiny, and satisfy a wide enough range of industry and political stakeholders to preserve the RFS.
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Ann Claassen and Eli Hopson
Concerns about the Renewable Fuel Standard (RFS) have included an unrealistic cellulosic biofuel mandate, widespread fraud, belated rulemaking to set the annual standards, and a looming “blend wall” that could put obligated parties in an insupportable bind. For the 2014 RFS, EPA proposes to use for the first time its general waiver authority to reduce the total renewable fuel and advanced biofuel volume requirements. Consequently, EPA's proposal will be the subject of intense scrutiny and commentary, and judicial challenges to the final rule are highly likely, including challenges to EPA's use of the general waiver. Will EPA's framework for the 2014 RFS and beyond survive judicial scrutiny and satisfy a wide enough range of industry and political stakeholders to preserve the RFS?
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