U.S. Supreme Court Upholds RFS2

Petition challenging Renewable Fuel Standard dismissed.

Published on: Nov 7, 2011

On Monday the U.S. Supreme Court announced its decision to reject a petition submitted by the National Petrochemical and Refiners Association and the American Petroleum Institute challenging the EPA's Renewable Fuels Standard.

"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, the National Biodiesel Board'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 U.S. biodiesel industry."

The petition was initially rejected by the U.S. Court of Appeals for the District of Columbia in a unanimous decision Dec. 21, 2010.  The groups petitioned for an En Banc Rehearing of the litigation, which is a request for all the judges that comprise the D.C. Circuit to review a matter previously decided by a three-judge panel of the Court. That was rejected on April, 22, 2011. NPRA and API filed their petition for a writ of certiorari with the Supreme Court on July 22, 2011.