The US has asked a court to dismiss a case over a missed deadline for updating the Renewable Fuel Standard (RFS), a move that could portend further delays in setting new biofuel blend mandates.
Ethanol industry group Growth Energy and biomass-based diesel group Clean Fuels Alliance America sued late last year, asking the US District Court for the District of Columbia to compel the US Environmental Protection Agency (EPA) to set required renewable fuel volumes for 2026. Under the Clean Air Act, the government must set new RFS mandates at least 14 months in advance of a compliance year.
Lawyers for EPA and the US Department of Justice in a court filing this week agreed that President Donald Trump's administration is behind the legal schedule for updating the program. But they said that the biofuel groups registered their discontent too early, submitting notices of intent to sue before EPA had missed the deadline, and that the case should be dismissed on those technical grounds.
The Clean Air Act allows groups to sue the government 60 days after filing these notices, but the Trump administration is arguing that the law only authorizes suits after notice of an existing — not prospective — harm. "The anticipatory pre-violation letters plaintiffs sent here fail to provide notice of any actual violation," the filing argues.
Growth Energy and Clean Fuels' respective notices to the government came in July last year, months before the agency missed its Clean Air Act deadline. But both notices pointed to a plan from President Joe Biden's administration to finalize new RFS volumes more than a year behind schedule in December 2025. The groups must now respond to the government's dismissal request, delaying the case's ultimate resolution.
Biofuel groups have long been at loggerheads with EPA over its delays implementing the program, which requires oil refiners and importers to blend biofuels into the conventional fuel supply, but the government's new legal strategy differs from recent cases.
In 2022, Growth Energy sued the administration of President Joe Biden first over its delays finalizing 2021-2022 volumes and then again later that year over late 2023 volumes. In both those cases, EPA published a proposed consent decree in the Federal Register within 30 days of the biofuel group's respective complaints to the court. In the first case, EPA finalized new blend mandates within four months of Growth Energy's filing, and in the second case, EPA finalized volumes within 14 months.
The timing of notices of intent to sue does not appear to have come up in those cases, even though Growth told EPA in one notice it could sue over 2022 volumes a few weeks before the agency had missed the deadline.
The Trump administration's apparent efforts to avoid negotiating an agreement in the new case suggests that final volumes for 2026 and beyond could take longer than market participants have expected, adding to deep uncertainty in the sector about future policy incentives. Multiple biorefineries have idled or shut down in the past year.
Trump's efforts to cut much of the federal workforce and slash spending could also impact EPA's timeline for updating the RFS, a highly technical program that has historically proven vulnerable to legal challenges. The longtime director of EPA's fuel programs office left the government late last year.
EPA did not immediately comment on its timeline for proposing or finalizing new RFS volumes.
