1/25/13, "Court Overturns E.P.A.’s Biofuels Mandate," NY Times, Matthew Wald
"A federal appeals court threw out a federal rule on renewable fuels on Friday, saying that a quota set by the Environmental Protection Agency for incorporating liquids made from woody crops and wastes into car and truck fuels was based on wishful thinking rather than realistic estimates of what could be achieved....
From 2010 through 2012, the E.P.A. has required gradually higher levels
of cellulosic fuel to be incorporated into motor fuel each year, for a
total of 20 million gallons to date.
But actual production has been near zero....
The
cellulosic fuel rule is fundamentally different from other regulations,
it (the three-judge panel) said.
It is intended to force an industry to develop new technology to meet
environmental goals, but in this case, the regulated industry was the
refiner, not the producer, the court said.
“Apart from their role as captive consumers, the refiners are in no
position to ensure, or even contribute to, growth in the cellulosic
biofuel industry,” the judges wrote.
They said the E.P.A.’s message was essentially, “Do a good job,
cellulosic fuel producers. If you fail, we’ll fine your customers.”"...via Tom Nelson
.
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