Six renewable fuel trade associations have filed a motion in federal court to intervene in support of the US Environmental Protection Agency, which is being sued by a major oil and gas trade group over rules requiring the use of cellulosic biofuels in gasoline.
The groups argue that knocking down the federal rule requiring the blending of cellulosic fuels into the nation's transportation fuel supply, as was requested by the American Petroleum Institute, would harm the investments their members companies have made in the technology.
"API's challenge would reduce the standards set by Congress and EPA and deprive members of the benefit of the investments made in reliance on Congress' policy choices," the groups said in a statement Monday.
The motion to intervene was filed Friday in the US Court of Appeals for the District of Columbia. The groups seeking intervenor status are the Advanced Biofuels Association, the American Coalition for Ethanol, the Advanced Ethanol Council, the Biotechnology Industry Organization, Growth Energy, and the Renewable Fuels Association.
API in March asked the court to reject the EPA's requirements for the use of cellulosic biofuels as part of the Renewable Fuel Standard targets for 2012, calling the targets "unrealistic."
EPA in December said it would require that 8.65 million actual gallons of cellulosic biofuels be blended with transportation fuels in 2012. That represents a 31% boost from the 2011 requirement of 6.6 million gallons.
That amount is still considerably less than the 500 million gallons called for in the Energy Independence and Security Act. But EPA has the option of reducing the target based on the industry's capacity to produce the more advanced fuels, which are made from grasses, corn cobs, and similar feedstocks.
Although no cellulosic ethanol was produced in 2011, the EPA decided to increase the target for 2012 as a way to promote growth in the industry.
