Rules and reality

Executive Branch activism took a punch to the gut in a Jan. 25 court ruling calling on the US Environmental Protection Agency to accommodate rules to reality. What's needed now is a knockout blow to the law that made EPA's mischief possible. The US Court of Appeals for the District of Colombia Circuit told EPA it had to calibrate its requirement for sales of cellulosic ethanol to tangible supply of the gasoline additive. EPA said the law specifying sales of cellulosic ethanol aimed to push technical development. It was only doing its part, it argued, when it set standards on the basis of what would-be makers of the substance promised rather than what they actually produced. Anticipated pr...

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