Environmental Protection Agency (EPA) Administrator Stephen Johnson denied the request by Texas Gov. Rick Perry for a waiver of 50% of the Renewable Fuel Standard (RFS) in 2008. Johnson said, “After reviewing the facts, it was clear this request did not meet the criteria of the law. The RFS remains an important tool in our ongoing efforts to reduce America's greenhouse gas emissions and lessen our dependence on foreign oil, in aggressive yet practical ways.”

EPA recognized that high commodity prices were having economic impacts, but its extensive analysis of the Texas request found “no compelling evidence that the RFS mandate is causing severe economic harm during the time period specified by Texas.” With this decision, the RFS mandate will remain at 9 billion gals. in 2008, and 11.1 billion gals. in 2009.