Renewable Fuels

Renewable Fuel Standards (RFS)

The Renewable Fuel Standard (RFS) program was created by the Energy Policy Act of 2005, amended by the Energy Independence and Security Act of 2007, and is codified in section 211(o) of the Clean Air Act. The section sets annual, national volume targets for four categories of renewable fuel: cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuel. Under the section, EPA must modify or establish volume targets in some cases. EPA must also translate the volume targets into percentage standards which regulated parties must comply with annually.

2023/2024/2025 Renewable Fuel Standards

On July 12, 2023, finalized rules updating the RFS program targets for 2023 through 2025. 88 Fed. Reg. 44,468 (July 12, 2023). The rule establishes volume targets and percentage standards for the four categories of renewable fuels covered by the RPS program. (See Center for Biological Diversity v. EPA in “Litigation” below.)

Litigation 

Challenge to 2023/2024/2025 RFS - Center for Biological Diversity v. EPA

In August and September 2023, several private parties including environmental organizations and refineries filed petitions for review of EPA’s final rule in the Court of Appeals for the D.C. Circuit. The consolidated case has been briefed and oral argument was held on November 1, 2024.

Biden Administration (2021-2024)

2023/2024/2025 Renewable Fuel Standards

On July 12, 2023, finalized rules updating the RFS program targets for 2023 through 2025. 88 Fed. Reg. 44,468 (July 12, 2023). The rule establishes volume targets and percentage standards for the four categories of renewable fuels covered by the RPS program. (See Center for Biological Diversity v. EPA in “Litigation” below.)

2020/2021/2022 Renewable Fuel Standards

On July 1, 2022, EPA finalized rules establishing new biofuel volumes for 2020 through 2022 under the RFS program. 87 Fed. Reg. 39,600 (July 1, 2022). The targets scale back the amount of biofuels that U.S. oil refiners are required to blend into their fuel mix. (See Center for Biological Diversity v. EPA in “Litigation” below.)

First Trump Administration (2017–2020)

2020/2021 Renewable Fuel Standards

On February 6, 2020, EPA published a final rule updating the RFS Program targets for 2020 and 2021. 85 Fed. Reg. 7,016 (Feb. 6, 2020).

2019/2020 Renewable Fuel Standards

On December 11, 2018, EPA published a final rule updating the RFS Program targets for 2019 and 2020. 83 Fed. Reg. 63,704 (Dec. 11, 2018). (See Growth Energy v. EPA in “Litigation” below.)

2017/2018 Renewable Fuel Standards

On January 20, 2017, the Trump Administration issued a presidential memorandum directing all agencies to postpone the publication of new and pending regulations in order to give the new administration time to review those regulations. 82 Fed. Reg. 8,346 (Jan. 24, 2017). The effective date of the 2017/2018 renewable fuel standards was postponed from  February 10, 2017 to March 10, 2017. EPA did not announce any further delays after this initial postponement; thus, the 2017/2018 RFS took effect on Mar. 10, 2017.

Obama Administration (2009–2016)

2017/2018 Renewable Fuel Standards

In December 2016, EPA published finalized volume requirements and associated percentage standards to apply under the RFS program in 2017 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. 81 Fed. Reg. 89,746 (Dec. 12, 2016). The rule also establishes the applicable volume of biomass-based diesel for 2018 (2.1 billion gallons).

2014/2015/2016 Renewable Fuel Standards

On December 14, 2015, EPA published a final rule updating the RFS Program targets for 2014 through 2016. 80 Fed. Reg. 77,420 (Dec. 14, 2015). (See Americans for Clean Energy v. EPA in “Litigation” below.)

2013 Renewable Fuel Standards

On August 15, 2013, EPA published a final rule updating the RFS Program targets for 2013. 78 Fed. Reg. 49,794 (Aug. 15, 2013).

2012 Renewable Fuel Standards

On January 9, 2012, EPA published a final rule updating the RFS Program targets for 2012. 77 Fed. Reg. 1,320 (Jan. 9, 2012).

2010 Renewable Fuel Standards

The Clean Air Task Force, Friends of the Earth, World Wildlife Fund and the National Wildlife Federation filed petitions for reconsideration of the 2010 RFS rule, arguing that: (1)  EPA should have required verification that the crops and crop residues used to produce renewable fuel complied with applicable land use restrictions, and (2) EPA should have considered whether the increased use of biofuels in the U.S. could reduce the global price of oil and thereby increase the use of petroleum-based fuels elsewhere. EPA announced that it had rejected these petitions on March 22, 2011. 76 Fed. Reg. 15,855 (Mar. 22, 2011).

On March 26, 2010, EPA published a final rule updating the RFS Program targets for 2010. 75 Fed. Reg. 14,670 (Mar. 26, 2010). The rule also implemented modifications to the RFS Program, referred to as RFS2, which apply to domestic and foreign producers and importers of renewable fuel.

Litigation

Challenge to 2023/2024/2025 RFS - Center for Biological Diversity v. EPA

In August and September 2023, several private parties including environmental organizations and refineries filed petitions for review of EPA’s final rule in the Court of Appeals for the D.C. Circuit. The consolidated case has been briefed and oral argument was held on November 1, 2024.

Challenge to 2020/2021/2022 RFS - Center for Biological Diversity v. EPA

On July 20, 2022, the Center for Biological Diversity filed a petition for review of EPA’s final rule in the Court of Appeals for the D.C. Circuit, arguing that EPA failed to fully assess impacts to endangered species. The case settled in April 2023. A number of refineries also filed petitions for review—including San Antonio Refinery, American Refining Group, and others—which were consolidated with the Center for Biological Diversity’s case but their petitions were denied by the court.

Challenge to 2019/2020 RFS - Growth Energy v. EPA

On February 11, 2019, environmental organizations challenged the rule as in violation of the Endangered Species Act and Clean Air Act.

Challenge to 2014/2015/2016 RFS - Americans for Clean Energy v. EPA

On January 8, 2016, a coalition of biofuel and ethanol industry groups, led by Americans for Clean Energy, filed a lawsuit challenging the 2014-16 renewable fuel standards. The industry groups alleged, among other things, that EPA could not exercise its “inadequate domestic supply” waiver authority to reduce the total renewable fuel volume requirements for 2016.

On July 28, 2017, the U.S. Court of Appeals for the District of Columbia Circuit ruled for industry and vacated EPA’s decision. The court held that, in exercising its waiver authority, EPA erroneously considered “demand-side” factors. According to the court, “the inadequate domestic supply provision authorizes EPA to consider supply[-]side factors affecting the volume of renewable fuel that is available to refiners, blenders, and importers to meet the statutory volume requirements. It does not allow EPA to consider the volume of renewable fuel that is available to ultimate consumers or the demand-side constraints that affect consumption of renewable fuel by consumers.”