Center for Biological Diversity v. U.S. Department of Energy

ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

INTRODUCTION

In a sequel to an earlier action and order requiring overdue agency action, two environmental organizations again seek enforcement of the Energy Policy Act of 1992. The core question concerns the extent to which the Secretary of Energy is obligated to require large private and municipal fleets of motor vehicles to use alternative-fuel vehicles (AFVs). At issue now are cross-motions for summary judgment.

STATEMENT

The Energy Policy Act of 1992, Pub.L. 102-486, 102 Stat. 2776, signed into law by President George H.W. Bush on October 24, 1992, enacted a comprehensive set of programs for reducing petroleum consumption and dependence on foreign oil, almost all of which were placed under the stewardship of the Secretary of Energy. One of its programs called for development and use of “replacement fuels.” This term meant “the portion of any motor fuel that is methanol, ethanol or other alcohols, natural gas, liquefied petroleum gas, hydrogen, coal derived liquid fuels” and other combustibles determined by the Secretary to be “substantially not petroleum and would yield substantial energy security benefits and…