Court Strikes Down EPA Biofuel Mandate

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The Environmental Protection Agency (EPA) cannot impose a mandate for a non-existent product and then punish companies for failing to use said non-existent product, the U.S. Court of Appeals for the D.C. Circuit ruled.

That non-existent product? Cellulosic biofuels, a type of ethanol made from non-food sources such as wood chips, switchgrass, and non-edible feedstock.

The court ruled that the EPA can set renewable fuel production standards as a means to stimulate economic development, but it cannot punish companies who fail to meet those standards.

“Do a good job, cellulosic fuel producers. If you fail, we’ll fine your customers,” the judges wrote.

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