U.S. Legislative Issues




Court Blocks Cellulosic Mandate


A federal appeals court in Washington on January 25, 2013, ruled against a mandate from the Environmental Protection Agency (EPA) that required refiners to buy cellulosic biofuels as a way of supporting this new alternative fuel industry. Cellulosic biofuel is ethanol fermented from products other than corn, which is the major source of biofuel production in the United States.
 
The U.S. Court of Appeals for the District of Columbia ruled that the mandate for 2012, which would have held oil refiners accountable for purchasing 8.65 million of gallons of the biofuel even though none is commercially available for sale, was based on flawed projections. The agency’s projections "did not take neutral aim at accuracy," according to the court opinion, written by Judge Stephen Williams.

While the ruling cancels the mandate for refiners to buy specific quantities of cellulosic biofuel, the EPA mandates for refiners to buy and blend ethanol, biodiesel and other fuels into their products remain intact.

Transportation Secretary to Leave

Ray LaHood, the Secretary of the U.S. Department of Transportation has announced that after serving for four years in President Obama’s Cabinet, he would not be staying on for the second term. The Secretary sent the following email to DOT employees across the country, informing them of his plans:
 
"I have let President Obama know that I will not serve a second term as Secretary of the U.S. Department of Transportation. It has been an honor and a privilege to lead the Department, and I am grateful to President Obama for giving me such an extraordinary opportunity. I plan to stay on until my successor is confirmed to ensure a smooth transition for the Department and all the important work we still have to do."

U.S. DOT Issues Clarification on Recreational Marijuana

The U.S. Department of Transportation (DOT) has issued a clarifying position on the use of "recreational marijuana" is a response to state-passed initiatives that permit the use of use of marijuana for so-called "recreational" purposes.

DOT said, "We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used "recreational marijuana" when states have passed "recreational marijuana" initiatives."