Research published by the Government Accountability Office in November 2016 found the program unlikely to meet its goal of reducing greenhouse gas emissions due to limited current and expected future production of advanced biofuels.
EISA was signed into law by President George W. Bush and the bill was overwhelmingly supported by members of congress from both parties.
[3] In reaction to the implementation of the RFS, passage of EISA, and other measures to support ethanol, the Organization of Petroleum Exporting Countries (OPEC) expressed alarm.
"[4] The United States Environmental Protection Agency (EPA) administers the RFS with volume requirements for several categories of renewable fuels.
The EPA made this announcement in May to meet a June 1, 2015 deadline established by the settlement to a lawsuit brought by fossil fuel and chemical trade associations.
The EPA defended the targets calling them "ambitious but responsible" and arguing that "Biofuels remain an important part of the overall strategy to enhance energy security and address climate change."
[8] Many in the biofuel industry argue that the EPA abused its waiver authority by setting RVOs lower than the statutory minimums.
The agency has received petitions calling for compliance to be shifted away from refiners to blenders or "the entity that holds title to the gasoline or diesel fuel, immediately prior to the sale from the bulk transfer/terminal system … to a wholesaler, retailer or ultimate consumer.
[12] According to the EISA, "the applicable volumes of each fuel specified in the tables in clause (i) for calendar years after the calendar years specified in the tables shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture, based on a review of the implementation of the program during calendar years specified in the tables..."[13] EISA defined "renewable fuel" as being made from biomass but also restricted the type of land on which permissible feedstock could be grown.
[3] EISA defined air pollution standards that require various levels of greenhouse gas reductions according to the type of biofuel used and the fuel being displaced.
Research at Argonne National Laboratory sponsored by the Department of Energy demonstrated that, on average, corn ethanol reduces carbon dioxide emissions by 34 percent over gasoline.
According to research sponsored by the United States government, the World Bank, and other organizations, there is no clear link between the RFS and higher food prices.
[17] A question of statutory interpretation of the Standard was raised at the Supreme Court in a 2021 case, HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn.
Several renewable fuels association sued on the EPA's actions, arguing that they could only extend a continuous exemption period.
While the Tenth Circuit overturned the EPA's decision, the Supreme Court in their 6–3 decision reversed the Tenth Circuit and ruled in favor of the refineries, stating that under the ordinary meaning of "extension", there was no need for a refinery to have maintained a continuous exemption period to apply for such an extension.