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American Fuel & Petrochemical Manufacturers v. Environmental Protection Agency

ELR Citation: 49 ELR 20148
Nos. 17-1258, (D.C. Cir., 09/06/2019)

The D.C. Circuit granted a petition to review EPA's 2018 rule that set renewable fuel applicable volumes and percentage standards under the Renewable Fuel Standard Program. Environmental groups argued that the Agency violated the ESA by failing to consult with FWS and NMFS regarding whether the rule would adversely affect threatened or endangered species. The court agreed, finding that EPA's conclusion that it was impossible to know whether the rule would affect listed species or critical habitat was not the same as determining that the rule would not affect them. It therefore granted the groups' petition and remanded the rule to EPA to make an appropriate effects determination.