"However, the EPA stacked the decks against petitioners, establishing a burden of proof that was virtually impossible to meet. Indeed, the agency’s August 30 Request for Comment telegraphed the decision Jackson reached on Friday. The EPA stated petitioners would have to show that the “RFS itself” was the cause of severe harm, not merely a “contributing” factor. In addition, petitioners would have to show that waiving the RFS would be a “remedy” for the hardship facing livestock producers.
These criteria are ridiculous. The Clean Air Act does not require the EPA to don analytical blinkers and ignore other factors that, in combination with the RFS, cause severe harm, nor does it say that any waiver granted must be a silver bullet."