Growth Energy files intent to sue EPA over biofuel delays

Growth Energy has submitted a notice of intent to sue the Environmental Protection Agency for its failure to release biofuel blending requirements.

CEO Emily Skor tells Brownfield EPA has until November 30 to set the 2022 Renewable Volume Obligations (RVO) under the Renewable Fuel Standard (RFS). “What we need is for this agency is to act and to get these proposals out so that we have some certainty and stability in the market place.”

She says EPA already missed the November 1st deadline of releasing its rule-making process. “We’re woefully behind in terms of the timetable,” Skor says. “We’ve had ongoing conversations with the agency, and we keep hearing soon, and soon and hopefully soon and that’s about as much certainty as I have at this point.”

She says failure to issue RVOs undermines the RFS, the ethanol market and its stakeholders. “The longer the delay, the agency is more likely to say “we’ll make the blending requirements for 2022 what the actual market blending was” and then you lose that market enforcement mechanism.”

She says Tuesday’s notice gives EPA 60 days to issue the 2022 RVOs and set the rulemakings before a lawsuit begins in federal court.

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