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Oil Group Files Second Lawsuit Over EPA Biofuel Standards

Tom Schoenberg, Bloomberg
July 26, 2012  |  8 Comments

An oil and gas industry trade association filed a second lawsuit challenging U.S. Environmental Protection Agency regulations governing fuel additives that include biological materials.

The American Petroleum Institute, in lawsuits filed yesterday and in March, is seeking to overturn an EPA standard mandating the purchase of fuels formulated in part from biological materials including switchgrass, wood chips and agricultural waste. The group claims the regulations include cellulosic fuels that don’t exist.

“EPA’s unattainable and absurd mandate forces refiners to pay a penalty for failing to use biofuels that don’t even exist,” Bob Greco, API’s director of downstream and industry operations, said in an e-mailed statement.

First passed in 2007, the regulation required refiners to buy 250 million gallons of biofuel annually. Production failed to reach that level and the agency reduced the target to 6.6 million for 2011, and 8.65 million for this year.

The Washington-based API, which represents more than 500 oil and gas companies, sued in March challenging the 2012 standard. Oral argument in that case has yet to be scheduled.

Today’s lawsuit challenges the 2011 standard.

Carlton Carroll, a spokesman for the group, said the cases are “essentially arguing the same thing.”

Alisha Johnson, a spokeswoman for the EPA, said in an e- mail that the agency will review the lawsuit and “respond accordingly.”

Johnson said the agency was required by law to set the cellulosic standard and offer ways for companies to comply, including the purchase of waiver credits.

The case is American Petroleum Institute v. U.S. Environmental Protection Agency, 12-01330; the earlier case is American Petroleum Institute v. U.S. Environmental Protection Agency, 12-1139, U.S. Court of Appeals for the District of Columbia (Washington).

Copyright 2012 Bloomberg

Lead image: Justice concept via Shutterstock

8 Comments

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atalanta starnight
atalanta starnight
October 5, 2012
Actually we can blame the oil companies for everything bad on the planet. We've known how to make biofeuls and plastics from hemp since the time of Henry Ford. We're the only country in the world that has made it illegal to grow hemp for over 75 years and thwarted solar technology. We would live in a very different world today had we continued with our WW2 conservation efforts and hemp growing that were good enough for the Greatest Generation to beat Hitler with.

The US peaked oil production in the 1970's and the rest of the world just did a few years ago. This was a known back in the 1940's as in 1947 we peaked US oil discovery.

Even if we had just started when Jimmy Carter wanted us to we would have a very different world than we have today.

Petroleum is a very dense energy source which should only be used for stuff we really need it for...not for soda bottles and spewing into the atmosphere by burning it or as fertilizers and pesticides.
Frank Meyer
Frank Meyer
August 7, 2012
We can always count of the idiots to label the oil companies for all the bad things on this planet.

The oil companies spend billions to locate and drill for petroleum crude. The sacrifices made by these companies to keep the civilized and industrialized world functioning is commendable. Leave it to the idiots who call it pollution.

The process of bio-fuels is evolving, but at $17.00 per gallon, only a foolish government or political body can afford the costs.

I am active in the exploration inductry for oil and gas, and if we do not protect ourselves with crude oil and gas, we will be overtaken militarly.
Howard Johnson
Howard Johnson
July 27, 2012
The "History of Lead"

http://www.thenation.com/article/secret-history-lead#

Capitalism at its best.
ANONYMOUS
July 27, 2012
In general, changing the status quo requires change in both our personal and collective behavior. We're otherwise doomed to enduring endless rants by those who can't motivate themselves to ethical action. To wit: political gridlock in the U.S.congress.
Fred Linn
Fred Linn
July 27, 2012
------" Time to add the EPA to our list of agencies to eliminate."----

Or, oil producers could step in and set up production of the necessary biofuels.

They certainly seemed to have no problem adding tetraethyl lead to gasoline against the unanimous warnings about adding lead to gasoline by ALL public health concerns. Later, it was MTBE.

The message from the oil companies is chrystal clear. We will do anything possible to maximize our profits no matter what the cost to you or anyone else.

Profits uber alles.
ANONYMOUS
July 27, 2012
How dare the oil producers protest a government mandate that is impossible to meet without paying substantial "penalty taxes". Time to add the EPA to our list of agencies to eliminate.
ANONYMOUS
July 27, 2012
Taking on the giant oil interests during a first term would be political suicide for any President. A second term offers more opportunities to make major strides such as you call for here. BUT a highly positive approach and friendly demeanor focusing on the gains and long term effects of such changes is sure to gather more listeners (and thus more support) than an outright attack. The majority of citizens are fed up with negative attitudes and behaviors. We ignore the message and reject the messanger.
Sam Salamay
Sam Salamay
July 27, 2012
What else is new! API represents an industry destined to continue its monopoly of providing dirty fossil fuels for us to pay through the teeth for fuel and damage the lungs of our children. Then they take their enormous profits and pay off our leaders, academia and form charitable foundations to look good. Like Brazil, America needs a choice of fuel. I just wish Congress or our "hands tied behind his back" president would have the guts to mandate a percentage of oil profits to fund biofuels to accelerate a choice for us all. All of the oil companies are involved in biofuels, but it seems like they do it for their knowledge to eventually thwart its efforts toward success and eat-up any funding which would normally go to many, many American entrepreuners. Another example of corporate greed and hoarding. Forget environmental responsibility, COG is here to stay...and renewables, be it solar, wind, biofuels, etc are just a passing phase, further being denounced by COG and it's neocon puppets on the Hill and on FOX.

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