Reid Porter | 202.682.8114 | porterr@api.org

WASHINGTON, December 21, 2010 — Patrick Kelly, senior policy advisor of the American Petroleum Institute’s (API) downstream fuels issues group, issued the following statement regarding the D.C. Court of Appeals decision today to maintain changes by the Environmental Protection Agency (EPA) to the federal Renewable Fuels Standard program (RFS2).

“EPA failed to meet its statutory deadlines, and in March of 2010, finalized a rule that regulated refiners and importers for the previous year. This is a disappointing decision. Setting requirements to blend certain biofuels for the previous year is a legally questionable retroactive action.

“API supports a realistic and workable Renewable Fuels Standard, and our members are committed to meeting the regulatory requirements. This decision significantly complicates compliance and may set a dangerous precedent allowing retroactive requirements for past compliance periods.”

API represents more than 450 oil and natural gas companies, leaders of a technology-driven industry that supplies most of America’s energy, supports more than 9.2 million U.S. jobs, accounts for 7.5 percent of the U.S. economy, and, since 2000, has invested nearly $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives, while reducing the industry’s environmental footprint.