Biodiesel Magazine: NBB Challenges Standing in RFS Lawsuits, Seeks End to Litigation

Posted on June 24th, 2014

From Biodiesel Magazine (June 23, 2014):

The National Biodiesel Board has filed a petition challenging the legal standing of Monroe Energy in its lawsuit contesting the renewable fuel standard (RFS).

Since the RFS program began in July of 2010, the petroleum sector has proposed a number of legal theories to eliminate or undermine EPA’s required annual standard setting.

It is past time for the U.S Court of Appeals for the District of Columbia to make petroleum companies prove that they have standing to mount their annual challenges to all aspects of the RFS.

We know that obligated parties challenge EPA’s annual standards every year. While almost all of those challenges have been rejected, they consume substantial public and private resources and create uncertainty and frustrate Congress’s goals. In order to cut down on these increasingly wasteful challenges, NBB believes that the courts should be more vigilant about applying the rules that govern who can bring lawsuits—in particular, the rule that requires challengers to put on evidence that judicial relief will redress their alleged injuries.

Read the rest of the article.

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