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Coalition taking EPA to court over 2018 RFS waivers

A coalition of renewable fuel and farm groups is challenging the EPA in federal court for issuing more than 30 RFS waivers in 2018.

Growth Energy general counsel Joe Kakesh says the coalition filed a petition Tuesday with the Court of Appeals for the District of Columbia Circuit.

“The real basis of this is such a large number of exemptions being granted with such little explanation can’t be justified under the RFS.”

He calls the petition for review a trigger to get the case started.

“We expect to have a scheduling order at some point in the next few weeks where the court will direct us about the timing for the briefs. We’ll call (EPA) on the merits over the next several weeks and months. I’m pretty confident this case will extend into 2020.”

Kakesh tells Brownfield in two short pages, the EPA purported to resolve 36 waivers that exempted small refineries from having to blend almost one and-a-half billion gallons of renewable fuel last year.

The Coalition includes Growth Energy, the Renewable Fuels Association, the American Coalition for Ethanol, National Biodiesel Board, National Farmers Union, and the National Corn Growers Association.

  • Dear Mr. President October 23, 2019

    We have all heard about a delinquent Grandchild, that would stoop so low as to steal money from Grandma.

    How disgusting can you get? The very though of it stirs up feelings of revulsion.

    But these are the same feeling I get, regarding the current EPA Proposal, to supposedly “fix” the problems from EPA’s rampant use of Waivers to the Renewable Fuels Standard.

    EPA proposes to “fix” the damage they’ve done, by Re-allocating Biofuel Gallons back into RFS Blending Mandates. The EPA’s “fix” sounds great except for one detail, EPA does not want to use the “actual number” of gallons they have Waivered from the RFS, in their Re-allocation Formula.

    In essence, EPA wants to pay Grandma back by never being truthful about what they actually took from Grandma’s Purse. That’s still called “Dishonest” where I come from.

    I don’t have any more respect for the EPA’s Plan to “fix” the RFS, than I do for the Grandchild that stole money from Grandma’s Purse.

    Mr. President, you and the EPA say Farmers should be “happy” about the EPA’s Proposal. Should we be happy about stealing from Grandma, and never being truthful about putting back what was actually taken?

    I’m Not, and I don’t think the Midwest Farmers and Biofuel Producers should be either.

    I am Dismayed by the Flawed Proposal EPA has proposed, which continues their ability to manipulate the Renewable Fuel Standard with “Uncounted Waivers”, above what the DOE Recommends. The EPA’s proposal is an attack on Creditability, as it clearly does not represent a Change or a Fix to Current Problems. If EPA’s Flawed Proposal stands, I fear your Presidential Creditability will surly suffer from it.

    Mr. President, will you stop EPA’s Big Sham before it’s too late, or will you find out on Election Day, that Grandma actually knew what was in her purse, and that little “Andrew,” was Not telling the Truth about his “Big Fix?”

    Sincerely
    Thomas Blazek

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