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Court Overturns Part of EPA Renewable Fuels Mandate

In a unanimous decision the U.S. Court of Appeals for the District of Columbia Circuit found that the EPA overstepped its authority when it set targets for the amount of advanced renewable fuel the U.S. will produce.

“This case arises out of Congress’s command that the Environmental Protection Agency make predictions about a promising technology. While the program as a whole is plainly intended to promote that technology, we are not convinced that Congress meant for EPA to let that intent color its work as a predictor, to let the wish be father to the thought,” Judge Stephen F. Williams wrote in the decision.

He concluded that the EPA is not permitted “to let its aspirations for a self-fulfilling prophecy divert it from a neutral methodology.”

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