The United States Court of Appeals for the Tenth Circuit Court has struck down three small refinery exemptions granted by the Environmental Protection Agency. The ruling stems from a court challenge brought in 2018 by biofuels groups including the American Coalition for Ethanol, Renewable Fuels Association, National Corn Growers Association and National Farmers Union. ACE CEO Brian Jennings says this court ruling is significant because it found EPA improperly granted those waivers.
He says although the appeals court threw out the three exemptions, it doesn’t do anything about the 30 some other waivers that were granted.
Jennings says they intend to monitor how the EPA handles small refinery exemptions going forward.
South Dakota Corn Growers Executive Director Lisa Richardson says she expects the oil industry to appeal the Tenth Court’s decision. However, their ruling means EPA overstepped its authority.
Jennings adds the appeals court’s ruling highlights how the EPA abused the SRE provision of the Renewable Fuel Standard in broader terms to benefit the oil industry.
