The U.S. Court of Appeals for the D.C. Circuit dismissed the National Biodiesel Board’s petition to uphold the EPA’s method for setting biomass-based diesel volumes in the 2017 Renewable Fuel Standard rules. Under the RFS, the EPA flatlined advanced biofuel volumes in 2018. National Biodiesel Board Vice President of Federal Affairs Kurt Kovarik says the decision is unfortunate and a disappointment. “Courts tend to give agencies a significant amount of difference.” In the same decision, the court also rejected refiner’s comments about burdensome RIN prices. Kovarik says that’s the end of the litigation for the 2018 proposed volumes. “We have other litigation underway in another RVO rule they set. We’re in the midst of the annual rule-making for future years,” says Kovarik. “We’re trying to increase volumes for biomass-based diesel moving forward. We also want the EPA to account for lost gallons or demand destruction from granting small refinery exemptions.”
