There is more chaos for the RFS after a Federal Court rules the EPA’s 2016 waiver of ethanol volumes to avoid the 10 percent blend wall was invalid under the statute.As Gary Blumenthal mentioned (see Ag Perspectives, 28 July), the U.S. Court of Appeals decided against the U.S. EPA last Friday regarding how the agency interpreted its waiver authority in setting the Required Volume Obligations (RVOs) under the Renewable Fuel Standard (RFS) for years 2014 through 2017. The 2007 Energy Independence and Security Act (EISA) statute grants the EPA general waiver authority for all four categories of fuel (total, advanced, convention ethanol, and biodiesel) under certain conditions that include:

when enforcing the mandated volumes would cause “se...