American Fuel & Petrochemical Manufacturers v. EPA

The D.C. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to the U.S. Environmental Protection Agency (EPA) after finding that EPA failed to comply with requirements of the Endangered Species Act. The court said EPA should have consulted with the U.S. Fish and Wildlife Service or National Marine Fisheries Service and made a finding as to whether the Renewable Fuel Standard would affect listed species. The court upheld other aspects of the 2018 standards, including the applicable volumes, restrictions on the use of Renewable Identification Numbers for fuel that is exported, and EPA’s accounting for small refinery exemptions. EPA remanded the standards but did not vacate the rule.