Appeals court to EPA: Don’t you think you’re being a little overly optimistic with the biofuels, there?

posted at 11:31 am on January 28, 2013 by Erika Johnsen

The Environmental Protection Agency is getting taken to court left and right for their many overzealous regulations and intrusions into private industry, with varying results– but on Friday, U.S. Court of Appeals for the D.C. Circuit ruled that, why no, the EPA may not punish the oil industry for their noncompliance with the EPA’s lofty Renewable Fuels Standard mandates in failing to blend a certain amount of cellulosic biofuels into their product, seeing as how those biofuels are not actually available. Via Politico:

EPA sets renewable fuel projections every year that establish the volumes that refiners, importers and blenders must use. For what they don’t — or can’t — buy, industry must purchase credits.

But EPA’s projections for cellulosic biofuels have been wildly off course for several years. The agency predicted production volumes of 5 million gallons, 6.6 million gallons and 8.7 million gallons in 2010, 2011 and 2012, respectively. In reality, no cellulosic biofuels were produced in the U.S. in 2010 and 2011, and only 20,069 gallons were produced in 2012, according to EPA data. …

The court said EPA has plenty of latitude in making its own projections and to differ from lower-volume predictions made by the Energy Information Administration. But the opinion charges that “EPA’s methodology for making its cellulosic biofuel projection did not take neutral aim at accuracy.”

So, the EPA was impossibly demanding in what I’m sure was their completely non-political, entirely magnanimous, no-lobbyists-involved effort to persuade us all that we simply must incorporate more biofuels into our energy portfolio, say what?!

More from the decision:

But the agency crosses the legal line when it tries to impose those standards — which are largely wish lists for future developments using technology that is not yet created — on industry, and inflict punishment when the goals aren’t met, the court ruled in American Petroleum Institute v. EPA.

“Do a good job, cellulosic fuel producers. If you fail, we’ll fine your customers,” the judges scolded in their ruling, in which they found the EPA’s pressure on refiners was an overreach of authority.

A hearty slap on the wrist for the overstepping EPA, but unfortunately, the decision doesn’t dissolve the biofuels requirement under the RFS — it only limits the EPA’s ability to enforce it for 2012.


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Another one bites the dust…

Scrumpy on January 28, 2013 at 11:34 AM

…they found the EPA’s pressure on refiners was an overreach of authority.

The EPA needs to be seriously curtailed.

This is a start.

Scrumpy on January 28, 2013 at 11:35 AM

The courts need to get serious also, the EPA is running wild!

Scrumpy on January 28, 2013 at 11:37 AM

Reality?

Never heard of it…now about those Balonium Q-36 Unicorn Flatula Generation Modulators…

SKITTLES FOR ALL!

//EPA

harlekwin15 on January 28, 2013 at 11:37 AM

O/T: The rules and regs of 0care now reach 13,000 pages and growing.

Another thing that needs to be curtailed.

Abolished.

Scrumpy on January 28, 2013 at 11:38 AM

A hearty slap on the wrist for the overstepping EPA, but unfortunately, the decision doesn’t dissolve the biofuels requirement under the RFS — it only limits the EPA’s ability to enforce it for 2012. IT.

FIFY

Resist We Much on January 28, 2013 at 11:38 AM

Eh, when some scientist finally creates an engine that can run on Soylent then the leftist puzzle will have been solved.

Bishop on January 28, 2013 at 11:38 AM

I’m lovin’ the DC Circuit right about now

blammm on January 28, 2013 at 11:38 AM

What this country really needs is more unemployed regulators. A goddamn lot more.

Archivarix on January 28, 2013 at 11:39 AM

Obama’s 2nd term legacy:

Courts overturning things from the 1st term.

singlemalt 18 on January 28, 2013 at 11:40 AM

They will probably get doctors and the IRS involved now.

tomas on January 28, 2013 at 11:41 AM

Since when has anyone in the Obamanation Administration cared what the courts say? How about those offshore drilling permits? Where are the “Fast and Furious” documents? What about those NLRB appointees? This ruling means jack-squat.

SWalker on January 28, 2013 at 11:45 AM

The EPA will not stop pushing. Instead they will fine those who failed to produce the missing biofuel.

PattyJ on January 28, 2013 at 11:45 AM

tomas on January 28, 2013 at 11:41 AM

No doubt!

*phtooey*

Scrumpy on January 28, 2013 at 11:45 AM

SWalker on January 28, 2013 at 11:45 AM

Unfortunately you are right on the mark.

0 has ignored all court rulings thus far.

Scrumpy on January 28, 2013 at 11:47 AM

Now get your corn out of my gas!!

LoganSix on January 28, 2013 at 11:48 AM

Just wait until the EPA mandates our use of carbon-neutral, non-polluting, rainbow-colored unicorn farts in our automobiles.

GarandFan on January 28, 2013 at 11:48 AM

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

Patty Jo, read the article eh? lol…

Scrumpy on January 28, 2013 at 11:49 AM

I don’t think 20K gallons of cellulosic ethanol would even be enough to burn EPA out of their headquarters.

But if someone did, at least it’d burn clean.

JEM on January 28, 2013 at 11:49 AM

Now get your corn out of my gas!!

LoganSix on January 28, 2013 at 11:48 AM

I didn’t know that corn caused gas!

lol

Resist We Much on January 28, 2013 at 11:52 AM

But let’s not politicize science like that evil President Bush did.

Socratease on January 28, 2013 at 11:55 AM

I didn’t know that corn caused gas!

lol

Resist We Much on January 28, 2013 at 11:52 AM

Hey now, maize intolerance is a serious illness.

LoganSix on January 28, 2013 at 11:57 AM

Hey now, maize intolerance is a serious illness.

LoganSix on January 28, 2013 at 11:57 AM

lol

Resist We Much on January 28, 2013 at 12:03 PM

Amazing.

Common sense.

Who’da thunk it?

itsspideyman on January 28, 2013 at 12:04 PM

Speaking of the EPA……….

Obama EPA kills power plant, 3,900 jobs in Texas
January 24, 2013 | 9:56 am
***************************

Chase Power, the parent company behind the $3 billion Las Brisas coal power plant in Corpus Christi, Texas, announced yesterday that it was cancelling the project.

“Chase Power … has opted to suspend efforts to further permit the facility and is seeking alternative investors as part of a plan of dissolution for the parent company,” Chase CEO Dave Freysinger told the Corpus Christi Caller-Times.

Freysinger made it very clear who was responsible for the projects death. “The (Las Brisas Energy Center) is a victim of EPA’s concerted effort to stifle solid-fuel energy facilities in the U.S., including EPA’s carbon-permitting requirements and EPA’s New Source Performance Standards for new power plants,” he said.
(More…)
=========

http://washingtonexaminer.com/obama-epa-kills-power-plant-3900-jobs-in-texas/article/2519575#.UQavC_I_eSr

canopfor on January 28, 2013 at 12:04 PM

The Environmental Protection Agency is getting taken to court left and right for their many overzealous regulations and intrusions into private industry
=================

Its about Boinking time,freaggin EPA/Nazis!!

canopfor on January 28, 2013 at 12:06 PM

Well it appears epa’s jackson on her email scandal is bad!

http://www.breitbart.com/Big-Government/2013/01/27/EPA-email-Scandal-worse-than-originally-thought
L

letget on January 28, 2013 at 12:07 PM

But EPA’s projections for cellulosic biofuels have been wildly off course for several years. The agency predicted production volumes of 5 million gallons, 6.6 million gallons and 8.7 million gallons in 2010, 2011 and 2012, respectively. In reality, no cellulosic biofuels were produced in the U.S. in 2010 and 2011, and only 20,069 gallons were produced in 2012, according to EPA data. …

Fuel usage in the United States is usually measured in barrels, or in millions thereof, where one barrel is 42 gallons. The 2012 production of cellulosic biofuels is about 478 barrels, whereas U.S. crude oil consumption is about 5 BILLION barrels a year.

Cellulosic biofuels formed less than one gallon per 10 million gallons of conventional petroleum consumption.

Even EPA’s projected production of 8.7 million gallons (207,000 barrels) of cellulosic biofuels is only about 0.004% of the U.S. crude oil consumption, or about 10 times less than the fraction of carbon dioxide in the atmosphere.

Drop in a bucket, pee in the ocean, why is the EPA even bothering with such trivial amounts?

Steve Z on January 28, 2013 at 12:07 PM

EPA: Current fuel contamination rates aren’t destroying fuel systems efficiently enough. It’s the oil company’s fault.

Court: Let me contemplate that while I’m driving the old Caddie out to the farm this weekend. In the meantime, GFY.

S. D. on January 28, 2013 at 12:09 PM

Its about Boinking time,freaggin EPA/Nazis!!

canopfor on January 28, 2013 at 12:06 PM

Which means exactly diddly-squat since no one in the Obamanation Administration gives a damned what the courts rule anyway.

SWalker on January 28, 2013 at 12:10 PM

Any chance we can get the same court to rule that the Navy can’t pay $34/gal (or whatever it was) for the stuff as well?

TexasDan on January 28, 2013 at 12:12 PM

What Would Richard Windsor Do?

Lily on January 28, 2013 at 12:15 PM

I don’t want to get optimistic about a trend starting here so I’ll enjoy this little slaps where I can get them.

Cindy Munford on January 28, 2013 at 12:16 PM

It seems at least one court remembers what its job is, and that it is not subservient to the Executive branch.

BobMbx on January 28, 2013 at 12:23 PM

EatPeople’sA$s…!!!

KOOLAID2 on January 28, 2013 at 12:23 PM

But let’s not politicize science like that evil President Bush did.
Socratease on January 28, 2013 at 11:55 AM

No, no, this isn’t politicizing science. You see, the EPA KNOWS (through their unicorn flatulance detection technology) that big ol’ EVIL oil companies are HIDING cellulosic fuel technology that could easily meet their requirements. Since the big ol’ EVIL oil companies won’t share this technology willingly, the EPA will wring it out of ‘em with ever-increasing fines!

/s

Marcola on January 28, 2013 at 12:28 PM

canopfor on January 28, 2013 at 12:04 PM

bho hates the daylights out of TX and has his evil epa doing his dirty work. I hope Abbott will take the epa to court for this in Corpus Christi?

I should add the epa has/is doing horrilbe things with regulations for all Gulf States.
L

letget on January 28, 2013 at 12:30 PM

canopfor on January 28, 2013 at 12:04 PM
bho hates the daylights out of TX and has his evil epa doing his dirty work. I hope Abbott will take the epa to court for this in Corpus Christi?

I should add the epa has/is doing horrilbe things with regulations for all Gulf States.
L

letget on January 28, 2013 at 12:30 PM

I would hope for Gov. Perry to tell Barky and the EPA to go pound sand.

D-fusit on January 28, 2013 at 12:42 PM

The 50 mpg CAFE requirement is another wish from this administration. But it can be met, by transforming automobiles into 100 mph glorified golf carts, with the attendant slaughter on the highways. Will this country never wake up?

tngmv on January 28, 2013 at 12:50 PM

EPA insanity. It costs more OIL to make cellulosic biofuel than is created.

pat on January 28, 2013 at 12:52 PM

Drop in a bucket, pee in the ocean, why is the EPA even bothering with such trivial amounts?

Steve Z on January 28, 2013 at 12:07 PM

1) $$$$$$$$$$$
2) It feels good…

JusDreamin on January 28, 2013 at 12:56 PM

Put E15 in your vehicle and watch your warranty go poof !

Lucano on January 28, 2013 at 2:31 PM