At issue is a
2007 renewable fuels law that requires a certain amount of those types
of fuels, called cellulosic biofuels, to be mixed in with gasoline each
year. Despite annual EPA projections that the industry would produce
small amounts of the biofuels, none of that production materialized.
There
have been high hopes in Washington that the cellulosic industry would
take off as farmers, food manufacturers and others blamed the
skyrocketing production of corn ethanol fuel for higher food prices.
Those groups said the diversion of corn crops for fuel production raised
prices for animal feed and eventually for consumers at the grocery
store. Lawmakers hoped that nonfood sources like switchgrass or corn
husks could be used instead, though the industry hadn't yet gotten off
the ground.
The 2007 law mandated that billions of gallons of
annual production of corn ethanol be mixed with gasoline, eventually
transitioning those annual requirements to include more of the nonfood,
cellulosic materials to produce the biofuels. As criticism of ethanol
has increased, lawmakers and even Presidents George W. Bush and Barack
Obama have talked of the cellulosic materials as the future of biofuels.
But
the cellulosic industry stalled in the bad economy and still hasn't
produced much. According to final EPA estimates, no cellulosic fuel was
produced in 2010 or 2011. Last year's estimates aren't yet available.
"What
you have in our industry is a technology that is ready to go but has
had a hard time punching through commercially because of a very
challenging global financial climate," said Brooke Coleman of the
Advanced Ethanol Council, which represents companies trying to produce
cellulosic fuel. Coleman said there are better hopes for 2013 as several
plants are coming online.
The court faulted the EPA for setting
last year's projections at 8.7 million gallons even though the two
previous years had shown no production, and also for writing in the rule
that "our intention is to balance such uncertainty with the objective
of promoting growth in the industry."
Judge Stephen Williams on
Friday threw out the too-high EPA estimates in response to a challenge
filed by the American Petroleum Institute, which represents the oil
industry.
Williams, an appointee of President Ronald Reagan, said
the law was not intended to allow the EPA "let its aspirations for a
self-fulfilling prophecy divert it from a neutral methodology."
The
court rejected the oil industry's arguments that the EPA also should
have lowered the total production requirement for renewable fuels once
the cellulosic goals were not met, saying the EPA had authority to
decide to maintain those requirements.
An EPA spokeswoman would only say the agency will "determine next steps." The oil industry praised the decision.
"The
courts have reined in a mandate for biofuels that don't exist," said
Bob Greco of the American Petroleum Institute. "It's a voice of reason."