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April 08, 2010

Growth Energy files motion in support of EPA in RFS suit (Feedstuff)

Growth Energy, the coalition of US ethanol supporters, said Monday that it has filed papers to intervene on behalf of the U.S. Environmental Protection Agency (EPA) in a lawsuit filed against EPA by the petroleum industry challenging a key part of the newly-enacted Renewable Fuel Standard (RFS).

By intervening, Growth Energy – which represents 55 ethanol plants and 34 companies affiliated with the ethanol industry – seeks to argue on behalf of EPA’s decision to increase the renewable fuel mandates in the 2007 Energy Independence and Security Act for the full calendar year 2010.

“We intend to defend the Renewable Fuel Standard’s 2010 volume requirements. The intent of Congress was clear when it passed the Energy Independence and Security Act. We believe EPA followed the intent of Congress when it decided to require the oil industry to comply with the RFS mandate for the duration of 2010, and not just part of the year. This is critical in expanding the use of clean, domestic, renewable fuels like ethanol,” said Tom Buis, CEO of Growth Energy.

At issue is the lawsuit filed by the National Petroleum Refiners Association (NPRA) and the American Petroleum Institute against EPA. According to a press release from NPRA, the lawsuit alleges the RFS rule published on March 26 is invalid because EPA is requiring the oil industry to buy renewable fuels based on a full, annual volume for 2010.

“The objective of petitioners (NPRA and API) appears, in part, to be to reduce the volume of renewable fuel that their members must blend into gasoline and other motor fuels in the current calendar year,” Growth Energy stated in its motion seeking to intervene on behalf of EPA against NPRA and API.

The RFS sets mandates for the production and consumption of domestic renewable fuels that go up year over year, to a full 36 billion gallons annually by 2022.
 

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