ELR Citation: 54 ELR 20111
No(s). 23-1248 (D.C. Cir. Jul 19, 2024)

The D.C. Circuit denied a petition to review EPA's 2023 regulations that imposed new reporting requirements on biogas producers. An industry group argued, among other things, that EPA had no authority to regulate biogas producers and that three categories in the regulations—those related to biogas producers, testing, and measurement—were arbitrary and capricious. The court found that verifying the sourcing of renewable fuel by its producers was essential to meeting Congress' mandate that EPA promulgate regulations to ensure that transportation fuel sold or introduced into commerce contains the applicable volume of renewable fuel, and that the Agency provided reasonable explanations for the three challenged categories. It denied the petition.