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What has been termed the Environmental Protection Agency’s “Phantom Fuel Requirement” is an aptly named rule that epitomizes the mind-set of an agency that has put itself above the law. Hiding behind complexity and its self-assigned moral authority, EPA increasingly subjugates the views of the public, Congress and the courts to its own policy determinations.

In 2005 and 2007, Congress twice amended the Clean Air Act to establish a renewable fuel standard. Under the RFS, Congress required that our fuel supply contain increasing amounts of renewable fuels.