In this article:

- Introduction

- EPA’s Underlying Authority to Interpret the CAA

- RFS Volume Mandate Reduction Authority under the CAA

- Analysis of EPA’s Authority to Amend the RFS Regulatory Regime

- Endnotes

- Excerpt from Introduction:

The Bipartisan Policy Center has requested that Sutherland Asbill & Brennan LLP provide the following analysis of how the Environmental Protection Agency (EPA) could amend the Renewable Fuel Standard (RFS) absent a statutory change to its authorizing statutory provision under Section 211(o) of the Clean Air Act (CAA). Specifically, this paper addresses the ways in which EPA could make short- and long-term adjustments to the RFS volume mandates as well as the potential flexibilities that EPA could adopt in the program’s compliance mechanisms without additional action by Congress. This paper explores areas where EPA may amend the RFS and situations where EPA may be prohibited by statute from creating additional flexibilities.