Growth Energy Submits Notice of Intent to Sue EPA Over Biofuel DelaysTue, 02 Nov 2021 11:34:57 CDT
Today, Growth Energy submitted to the Environmental Protection Agency (EPA) a notice of intent to sue regarding its failure to timely fulfill the agency’s statutory obligation under the Renewable Fuel Standard (RFS) to issue the 2022 Renewable Volume Obligation (RVO) and in turn, the potentially multi-year “set” rulemaking process for renewable fuel volumes for 2023 and beyond. The RVOs for 2022 are due by November 30th, 2021, an annual deadline set by Congress in the RFS. As of today, 28 days before that statutory deadline, EPA has not even issued a notice of proposed rulemaking to establish those obligations. Additionally, the final “set” rulemaking was due on November 1, 2021, and EPA has not issued a notice of proposed rulemaking for that, either. Today’s notice gives EPA 60 days to issue the 2022 RVO and the set rulemakings before risking a lawsuit in federal court.
“With surging fuel costs and rising emissions, we cannot afford to hold back lower-cost, lower carbon biofuels with needless regulatory uncertainty,” said Growth Energy CEO Emily Skor. “It is critical for EPA to issue these RVOs as soon as possible and map out the RFS ‘set’ for 2023 and beyond. EPA would be missing a critical opportunity to address our climate challenge, provide consumers with continued lower-carbon choices at the pump, and contribute to the rural recovery.”
Read the notice of intent to sue here.
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