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Nov 9, 2011 9:54 AM

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.