National board challenges EPA's rules on Argentinian biodiesel imports

The National Biodiesel Board (NBB)’s trade association CARBIO filed a legal brief with the U.S. Court of Appeals for the District of Columbia Circuit last Tuesday in response to its petition for review of Environmental Protection Agency (EPA) rules on Argentinian biodiesel imports under the Renewable Fuel Standard (RFS).

An application was submitted and approved by the EPA in January 2015 to better organize the process for Argentinian biodiesel imports to meet compliance standards with the eligible renewable biomass and sustainability verification requirements of the RFS.

A month before, in December 2014, the NBB filed the initial petition for court review, requesting a larger public comment period. The filing also challenged the adequacy of the Argentinian plan and noted the EPA was not able to verify accuracy of the RFS requirements in the plan.

The American Soybean Association is very interested in the outcome of this challenge because it needs to ensure competitive playing fields between the U.S. and Argentinian soybeans and soybean oil used to make biodiesel.

An administrative petition was filed by the NBB, but the EPA decided to argue in court instead of replying directly to the NBB. Oral arguments are scheduled to start after the final briefs are finished next month.