On Jan. 25, 2013, the D.C. Circuit Court of Appeals agreed the EPA had exceeded its authority. “(W)e agree with API that EPA’s 2012 projection of cellulosic biofuel production was in excess of the agency’s statutory authority,” reads the court decision.
The court further told the agency: “The EPA points to no instance in which the term ‘projected’ is used to allow the projector to let its aspiration for a self-fulfilling prophecy divert it from a neutral methodology.”
The agency’s response to the court’s ruling, Sensenbrenner notes, was to nearly double its 2013 mandate from 8.5 million gallons to 14 million gallons.