Lawsuit Seeks to Overturn EPA Decision to Defer Regulating Bioenergy Industry

Should greenhouse gas (GHG) emissions from renewable bioenergy facilities be regulated the same as emissions from facilities that burn fossil fuels? In July, the Environmental Protection Agency (EPA) formally ruled that it would defer this decision for three years to study the matter further. On August 15, a group of environmental organizations filed a lawsuit to overturn the EPA’s decision.

The groups argue “The EPA’s unlawful rule will cause immediate harm, as it will encourage a rush to build biomass power plants and other facilities without accounting for, or controlling, carbon pollution that contributes to global warming.”

Many scientists would likely agree with this statement. However, many other scientists would not. Clearly, the science is not settled on the matter. Perhaps that is why the EPA has decided to take some time for further review.

On May 5, the Environmental and Energy Study Institute (EESI) submitted comments to the EPA concerning the agency's (then) proposed decision. EESI supported the EPA’s efforts to regulate carbon dioxide and other greenhouse gas (GHG) emissions from the burning of fossil fuels. However, EESI also welcomed the EPA’s decision to delay the regulation of bioenergy facilities in order to further study the life cycle GHG emissions from bioenergy systems.

EESI questions whether GHG emissions from sustainably-produced bioenergy should be regulated in the same manner as emissions from fossil fuel combustion. It seems bioenergy systems that use sustainably-produced biomass function within a continuously renewable, natural carbon cycle, whereas the combustion of mined fossil fuels introduces emissions from outside of the Earth’s natural carbon cycle thereby overloading the atmosphere with greenhouse gases.