American Fuel & Petrochemical Manufacturers v. McCarthy

AFPM and API filed an action in the federal district court for the District of Columbia to compel EPA to establish renewable fuel volume requirements for the 2014 and 2015 compliance years. The trade associations asserted that EPA had ignored its nondiscretionary duty to publish annual renewable fuel volumes and renewable fuel obligations by November 30 of the year preceding each compliance year. The trade associations also alleged that EPA had failed to respond to the organizations’ 2013 request for a partial waiver of the applicable renewable fuel volumes for 2014, which are established by the Clean Air Act. AFPM and API filed notices of their intent to file the lawsuit in November and December 2014. EPA <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-12-09/pdf/2014-28163.pdf">announced</a> in the Federal Register on December 9, 2014 that it would not finalize the 2014 standards until sometime in 2015; EPA had not yet proposed 2015 standards.