ELR Citation: 55 ELR 20078
No(s). 23-1177 (D.C. Cir. Jun 20, 2025)

In a per curiam decision, the D.C. Circuit, 2-1, granted environmental groups' challenge to an EPA rule implementing Renewable Fuel Standards (RFS) Program standards for 2023-2025. The groups argued EPA failed to adequately explain why—for purposes of addressing life-cycle greenhouse gas (GHG) emissions associated with crop-based biofuels—it reused an outdated study instead of newer data from the Agency’s literature review of the most reliable post-2010 findings; and that FWS failed to adequately explain how its conclusion that the rule would have “no effect” on endangered species or critical habitats accorded with the legal framework set forth in its Consultation Handbook and ESA implementing regulations. The court found EPA's analysis failed to adequately explain why the Agency used a nearly 15-year-old study to estimate the effect of crop-based fuel production on GHG emissions rather than the literature review it had conducted for expressly that purpose and used to estimate effects of other types of renewable fuels. It further found FWS failed to adequately explain its concurrence with EPA as to effects on endangered species. Petroleum refiners, a renewable fuel producer, and a trade group representing biodiesel stakeholders also challenged the rule, but the court denied the refiners' and fuel producer's petition and dismissed the trade group's petition for untimeliness and lack of standing. It remanded without vacatur to EPA and FWS for further consideration and explanation.