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Circuit Court Rules On Small Refiner Exemptions

Circuit Court Rules On Small Refiner Exemptions

Photo: WNAX


U.S. Ag Secretary Sonny Perdue says and announcement is forthcoming from the administration on how the 10th Circuit Court of Appeals decision on Small Refinery Exemptions or SREs will impact the methodology of how those are issued. Perdue says the court ruling came out favorable for the biofuels industry and it sets a precedent EPA will have to follow.

The Renewable Fuels Association brought the case and Robert White says the ruling stated EPA didn’t have authority to grant the waivers based on not having consecutive waivers in past years. He says they’re now waiting to find out if the ruling will be applied nationally.

South Dakota Corn Growers Association President Doug Noem says they’re hopeful this will stop the waivers that eroded 4 billion gallons of ethanol from the RFS in 2016 to 2018. He says the waivers should never have been granted according to the RFS statute.

The EPA had until the end of this week to respond.

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