Growth Energy v. EPA

The D.C. Circuit largely rejected challenges to the U.S. Environmental Protection Agency’s (EPA’s) 2019 rule setting renewable fuel volumes in the Clean Air Act’s Renewable Fuel Standard Program. The court rejected all arguments by obligated parties and renewable fuel producers but agreed with environmental petitioners that EPA’s (1) determination that the rule would have no effect on endangered species or their critical habitat and (2) decision not to reduce applicable volumes to prevent severe environmental harm were at odds with the evidence in the administrative record.