Boyden Gray & Associates has completed briefing and arguing a challenge to an EPA rule governing the certification of new vehicles, on behalf of biofuel producers and environmental organizations.

On February 12, Boyden Gray & Associates filed the final version of the Petitioners’ opening brief and reply brief in Energy Future Coalition v. EPA (D.C. Cir. No. 14-1123), challenging EPA’s criteria for approving alternative test fuels to be used in certifying new vehicles for compliance with emissions and fuel efficiency standards. The challenged criteria require that a new fuel be “commercially available” or “readily available nationwide” before the fuel may be used in emissions testing. However, it is economically unfeasible and against the law to sell fuel that is not “substantially similar” to an existing test fuel. This “chicken and egg” dilemma puts auto manufacturers in an impossible bind and renders the rule unworkable.  Further, EPA failed to address the flaws in its rule despite numerous comments raising them, rendering EPA’s rule arbitrary and capricious.

The EPA filed its final response brief. In support of the EPA, the American Petroleum Institute and American Fuel & Petrochemical Manufacturers intervened on the the side of EPA and filed a brief in the case.

Adam Gustafson argued the case on behalf of the Petitioners on March 20, 2015.

Boyden Gray & Associates represented the Energy Future Coalition; Carbon Green BioEnergy, LLC; DENCO II, LLC; ICM, Inc.; Iroquois Bio-Energy Company, LLC; LSCP, LLLP d/b/a Little Sioux Corn Processors, LLLP; Patriot Holdings, LLC; Patriot Renewable Fuels, LLC; and Siouxland Ethanol, LLC.