- Climate Litigation Database
- /
- Search
- /
- United States of America
- /
- POET Biorefining, LLC v. EPA
POET Biorefining, LLC v. EPA
Geography
Year
2019
Document Type
Litigation
Part of
About this case
Filing year
2019
Status
Petition for review dismissed in part and denied in part.
Geography
Docket number
19-1139
Court/admin entity
United States → United States Court of Appeals for the District of Columbia (D.C. Cir.)United States → United States Federal Courts
Case category
Federal Statutory Claims (US) → Clean Air Act (US)
Principal law
United States → Administrative Procedure Act (APA)United States → Clean Air Act (CAA)
At issue
Challenge to EPA guidance document about calculating the amount of cellulosic biofuel in ethanol produced from corn kernels.
Topics
, ,
Documents
Each case in our database can contain one or more documents.
Filing Date
Document
Type
Topics
Search results
08/14/2020
Petition for review dismissed in part and denied in part.
The D.C. Circuit Court of Appeals dismissed in part and denied in part a petition for review of a U.S. Environmental Protection Agency (EPA) guidance document that explained EPA’s interpretation of regulatory requirements for determining the amount of cellulosic biofuel in ethanol produced from corn kernels. The D.C. Circuit noted that cellulosic biofuel “produces the least lifecycle greenhouse gas emissions of the four renewable fuels promoted by the Clean Air Act’s Renewable Fuel Standard program.” The D.C. Circuit dismissed the challenge to one portion of the guidance as unripe and concluded that another portion of the guidance announced “a final, interpretive rule that lawfully construes the underlying regulation.” Judge Henderson dissented in part, stating that in her view the guidance was a legislative rule that effectively amended the applicable regulation, and that it therefore should have been subject to notice and comment.
Decision
–
Summary
Challenge to EPA guidance document about calculating the amount of cellulosic biofuel in ethanol produced from corn kernels.
Topics mentioned most in this case
See how often Topics get mentioned in this case and view specific passages of text highlighted in each document.
Group
Topics
Policy instrument
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Finance