Jump to Navigation
Jump to Content

Alon Refining Springs, Inc. v. Environmental Protection Agency

ELR Citation: 49 ELR 20145
Nos. No. 16-1052, (D.C. Cir., 08/30/2019)

The D.C. Circuit upheld EPA's implementation of its Renewable Fuel Standards Program, which requires transportation fuel sold in the United States to contain a minimum volume of renewable fuels. Some industry groups argued that EPA arbitrarily refused to revise its 2010 point of obligation rule that required refiners and importers, but not blenders, to bear the direct compliance obligation of ensuring that fuels sold included the necessary percentages of renewables. The court found that EPA considered the information before it and determined that the point of obligation was appropriately placed, and that it did so with enough thoughtfulness and reasonableness to satisfy the court's limited, deferential review. Other industry groups challenged the Agency's refusal to reassess which entities were obligated to demonstrate compliance with the percentages. The court held that EPA had no duty to reconsider the point of obligation as part of its yearly determination of requisite percentages, and thus that it was not arbitrary for the Agency to treat comments complaining that it obligated the wrong entities as appropriately assessed and beyond the scope of proceedings for the annual determination. It therefore denied the petitions