IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

PLANT OIL POWERED )

DIESEL FUEL SYSTEMS, INC., )

)

 Petitioner, )

) No. 11-1441

v. ) (consolidated with

) 11-1428 and 11-1438

UNITED STATES ) through 11-1440)

ENVIRONMENTAL PROTECTION AGENCY, )

ET AL., )

)

Respondents. )

PETITIONER’S STATEMENT OF ISSUES TO BE RAISED

Petitioner Plant Oil Powered Diesel Fuel Systems, Inc., by its general counsel, states

pursuant to the Court’s order of November 17, 2011 that the issues it intends to raise in this

review of agency action are as follows:

1. Whether the actions, findings and conclusions of the U.S. Environmental

Protection Agency and the U.S. Department of Transportation (together, “the agencies”) were

arbitrary and capricious, an abuse of discretion, or inconsistent with law for the agencies’ failure

to regulate greenhouse gas emissions, per se, and for their reliance, instead, on the inaccurate and

false surrogate of fuel economy.

2. Whether the actions, findings and conclusions of the agencies were arbitrary and

capricious, an abuse of discretion, or inconsistent with law for the agencies’ failure to consider

the Jevons paradox, otherwise known as the rebound effect, in their calculation of the total

overall energy consumption resulting from the fuel economy standards imposed.

3. Whether the actions, findings and conclusions of the agencies were arbitrary and

capricious, an abuse of discretion, inconsistent with law, or short of petitioner’s statutory right

USCA Case #11-1441 Document #1348518 Filed: 12/19/2011 Page 1 of 3
for the agencies’ failure to provide any credit towards greenhouse gas mitigation and reduction

for the use of an engine equipped to operate on 100 percent, untransesterified, vegetable oil fuel,

which such engine is technologically feasible, and for the use of such fuel, which fuel does not

presently receive the benefit of the Renewable Fuel Standard, the Renewable Fuel Standard 2, or

any other regulation adopted under the Clean Air Act.

4. Whether the agencies’ failure to impose a corporate or manufacturers’ average for

fuel economy and greenhouse gas emissions for every class of engines and vehicles was arbitrary

and capricious or an abuse of discretion.

5. Whether the agencies’ failure to conduct and employ a life cycle analysis of fuel

comprised of 100 percent, untransesterified, vegetable oil, and in particular, certain kinds of

vegetable oil, was arbitrary and capricious, an abuse of discretion, or inconsistent with law.

Petitioner reserves the right to amend and supplement the foregoing list, provided there

are grounds to do so.

Respectfully submitted,

Plant Oil Powered Diesel Fuel Systems, Inc.,

by its General Counsel

 / s / Claude D. Convisser 

Claude D. Convisser

General Counsel

P.O. Box 6397

Santa Fe, New Mexico 87502

tel. 505-310-3840

fax 866-239-7527

cdc@popdiesel.com

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USCA Case #11-1441 Document #1348518 Filed: 12/19/2011 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on this 19 day of December, 2011, I caused this document and this th

petitioner’s docketing statement, filed herewith, to be served electronically through the Court’s

CM/ECF System upon all counsel of record.

 / s / Claude D. Convisser 

Claude D. Convisser

2

USCA Case #11-1441 Document #1348518 Filed: 12/19/2011 Page 3 of 3