Big Oil's lawsuit against RFS won't be heard by Supreme Court

By Holly Jessen | November 09, 2011

A lawsuit challenging the renewable fuel standard won’t be heard by the U.S. Supreme Court. The National Petrochemical & Refiners Association and American Petroleum Institute filed the lawsuit against the RFS2 in the spring, shortly after it was finalized by the U.S. EPA.

On Nov. 7, ethanol industry supporters celebrated the fact that the high court declined to hear the case—calling it the right decision. “The intent of Congress was clear when it passed the Energy Independence and Security Act—domestically-produced biofuels do strengthen our national defense and help support our economy,” said Tom Buis, CEO of Growth Energy. “The RFS is critical if we are to ever reduce our dependence on foreign oil, and Growth Energy’s members fought vigorously against attempts by Big Oil to weaken the RFS.”

API and NPRA claimed the EPA was “retroactively and unlawfully” imposing RFS2 compliance on obligated parties. Growth Energy stepped in April 5, filing a motion to intervene on the behalf of the EPA in the legal battle.