The National Biodiesel Board, the U.S. trade association representing the biodiesel industry, released the following statement after the U.S. Supreme Court announced that it has rejected a petition from the National Petrochemical and Refiners Association and the American Petroleum Institute challenging the EPA's Renewable Fuels Standard.
"The RFS program is working just as Congress intended. It's creating jobs across the country. It's breaking our addiction to oil. It's helping clean our air, and it's reducing greenhouse gases," said Anne Steckel, NBB's vice president of federal affairs. "This year alone, the biodiesel industry is on pace to produce at least 800 million gallons of advanced biofuel while supporting more than 31,000 jobs. We're pleased to see the Supreme Court put an end to this litigation as we continue building a strong U.S. biodiesel industry."
NPRA's and API's petition challenging the RFS2 regulations was initially rejected on December 21, 2010, in a unanimous decision by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit).
On February 3, 2011, NPRA and API filed a petition in the D.C. Circuit requesting an En Banc Rehearing of the litigation. In general, a petition for an En Banc Rehearing is a request for all the judges that comprise the D.C. Circuit to review a matter previously decided by a three-judge panel of the Court. On Friday, April 22, 2011, rejected a request for an En Banc Rehearing of the Renewable Fuels Standard (RFS2) litigation filed by the National Petrochemical and Refiners Association NPRA and the API.
NPRA and API filed their petition for a writ of certiorari with the Supreme Court on July 22, 2011.