Growth Energy Intends to Sue EPA Over 2021 Blending Targets

Growth Energy yesterday (Dec. 1, 2020) submitted a notice of intent to sue the Environmental Protection Agency. The notice is in response to the EPA’s failure to fulfill its statutory obligation to issue the 2021 Renewable Volume Obligation by November 30, 2020, an annual deadline set by the Renewable Fuel Standard. The notice gives EPA 60 days to issue the 2021 RVO before risking a lawsuit in federal court. Every year, EPA is required to set the RVO so that biofuel and fossil fuel companies understand their total renewable fuel blending obligations for the following year. Failure to set the RVO undermines the RFS and could lead to uncertainty in the market and lower than necessary biofuel blending levels. Growth Energy CEO Emily Skor says EPA’s failure to meet their statutory obligation to issue RVOs “piles on the uncertainty in the fuel marketplace.” However, EPA Administrator Andrew Wheeler has previously said the announcement would be delayed, pending the outcome of a challenge to the Supreme Court by the oil industry.