RFA Can Intervene in California-EPA Suit

The Renewable Fuels Association (RFA) says the U.S. 9th Circuit Court of Appeals has granted its petition to intervene in the state of California's lawsuit against the Environmental Protection Agency on the issue of EPA's denial of the California request for a waiver from the Clean Air Act's oxygen standard.

"The RFA is pleased the court recognized the expertise we can bring to the discussion regarding ethanol and air quality issues," said Bob Dinneen, president of the RFA. "The RFA and National Corn Growers Association filed extensive data, analyses and comments during the EPA's review of California's oxygen waiver request and now we will ensure those findings are adequately brought to the attention of the Court. EPA's decision was based on sound science and the law. We remain confident the Court will side with the EPA and deny California's appeal."

The 9th Circuit Court granted leave to intervene on behalf of the petitioner (State of California) to Chevron U.S.A. Inc., South Coast Air Quality Management District, and Western States Petroleum Association. The Court granted leave to intervene on behalf of the respondent (EPA) to the RFA and NCGA.

In June of this year the EPA denied California's request for a waiver from the federal oxygen standard of the Clean Air Act. California is poised to switch oxygenates from MTBE to ethanol on Dec. 31, 2002, when the state's MTBE ban goes into effect.

The EPA concluded that California failed to prove that maintaining the oxygen standard with ethanol would be detrimental to the state's achievement of national ambient air quality standards. Such a finding is necessary by law before a waiver can be granted.

California's opening brief is due Nov. 19. Petitioner-intervenors' briefs are due Dec. 3. The EPA brief is due Jan. 2, and the respondent-intervenors' briefs are due Jan.16.