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Energy Policy Act of 2005

Ergon-West Virginia, Inc. v. United States Environmental Protection Agency

The Fourth Circuit granted an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The...

The Renewable Fuel Program at an Inflection Point: Policy Implications of EPA's Proposed 2014-2016 Renewable Fuel Standard

In May 2015, EPA released its delayed revisions to the Renewable Fuel Standard (RFS) for 2014 and beyond. This standard establishes volumetric requirements for total renewable fuels and several subcategories of advanced biofuels. With...

Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that...

Klein v. United States Department of Energy

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to...

Western Energy Alliance v. Salazar

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would...

Energy Policy Act

Editors' Summary

The 2005 Energy Policy Act contained a provision that gave federal authorities greatly enhanced power over the construction of electric transmission lines in states and counties in which they are unwelcome....