Whether EPA must consider the appropriateness of the point of obligation in each annual renewable fuel standard rulemaking

QUESTIONS PRESENTED The Clean Air Act’s Renewable Fuel Standard program requires EPA to undertake annual notice-and-comment rulemaking to determine a “renewable fuel obligation” for the nation’s transportation-fuel supply. The first of three annual “[r]equired elements” is to determine the point of obligation—z.e., to ensure that the obligation “shall be applicable to refineries, blenders, and importers, as appropriate.” 42 U.S.C. EPA admits that it initially placed the point of obligation on refineries and importers, but not blenders, for reasons of administrative convenience. EPA has repeatedly refused to reexamine that placement in annual rulemaking, and it denied petitions for rulemaking seeking reconsideration outside the annual assessment. The questions presented are: 1. Whether the requirement that EPA “shall” make a “calendar year” determination of the “appropriate” point of obligation requires EPA to consider in each annual rule whether the point of obligation remains appropriate. 2. Whether EPA can evade the annual duty by partitioning the point of obligation into a one-time collateral proceeding that ignores key evidence, relies primarily on the agency’s own convenience, and claims more deference from a reviewing court than an annual rule would receive. i)