The National Biodiesel Board, the trade association representing the biodiesel industry, released a statement after the US Supreme Court rejected a petition from the National Petrochemical and Refiners Association and the American Petroleum Institute challenging the Environmental Protection Agency’s Renewable Fuels Standard (RFS).
“The RFS program is working just as Congress intended. It’s creating jobs across the country. It’s breaking our addiction to oil. It’s helping clean our air, and it’s reducing greenhouse gases,” said Anne Steckel, NBB’s vice-president of federal affairs. “This year alone, the biodiesel industry is on pace to produce at least 800 million gallons of advanced biofuel while supporting more than 31,000 jobs. We’re pleased to see the Supreme Court put an end to this litigation as we continue building a strong US biodiesel industry.”
Made from an increasingly diverse mix of resources such as agricultural oils, recycled cooking oil, and animal fats, biodiesel is the first and only commercial-scale fuel used across the nation to meet the Environmental Protection Agency’s definition as an advanced biofuel. It is produced in nearly every US state, can be used in existing diesel engines, and meets strict specifications of ASTM D6751.
NPRA’s and API’s petition challenging the RFS2 regulations was initially rejected December 21, 2010, in a unanimous decision by the US Court of Appeals for the District of Columbia (DC Circuit).
On February 3, 2011, NPRA and API filed a petition in the DC Circuit requesting an En Banc Rehearing of the litigation. In general, a petition for an En Banc Rehearing is a request for all the judges that comprise the DC Circuit to review a matter previously decided by a three-judge panel of the court. On Friday, April 22, 2011, the court rejected a request for an En Banc Rehearing of the Renewable Fuels Standard (RFS2) litigation filed by the NPRA and the API.
NPRA and API filed their petition for a writ of certiorari with the Supreme Court on July 22, 2011.