Legal White Paper on the Statutory Authority for EPA’s Electric Pathway Framework Proposal
The Partnership for Electric Pathways (PEP) commissioned attorneys at Arnold & Porter to conduct a legal analysis of EPA’s Electric Pathway framework proposal. The analysis concluded that challenges to EPA’s longstanding position treating electricity as a renewable fuel in the RFS program are both out of time and off base on the merits. Even if this legal issue were within the scope of EPA’s proposal (which it is not), EPA’s interpretation of “renewable fuel” is well-grounded in the text, structure, history, and purposes of the RFS statutory provisions.
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