September 6, 2019 / 11:30 PM / a month ago

IN BRIEF: EPA must weigh environmental effect of renewable fuel targets – D.C. Circuit

The Environmental Protection Agency violated the Endangered Species Act by updating the Renewable Fuel Standards (RFS) for 2018 without considering the effect that the changes may have on protected species and critical habitat, the U.S. Court of Appeals for the District of Columbia Circuit held on Friday. The per curiam panel did not vacate the 2018 RFS but remanded it to the EPA for further action.

The court otherwise upheld the 2018 RFS, which was finalized in December 2017, against challenges by the American Fuel & Petrochemical Manufacturers and Valero Energy Corporation, which said the new standards were set too high, the National Biodiesel Board, which said they were too low, and the Small Retailers Coalition, which said the EPA failed to consider the effect of the changes on its members.

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