The National Biodiesel Board is disappointed with a court decision declining to review the EPA’s refusal to properly account for its flood of retroactive small refinery exemptions. Biodiesel Board’s Paul Winters says they argued those exemptions couldn’t be handed out without accounting for them and making sure the RFS volumes are met.

He says the Court dismissed NBB’s petition due to a technicality.

Winters says their next step will likely involve other court challenges.

Winters says EPA’s flood of retroactive small refinery exemptions are causing severe economic harm to biodiesel and renewable diesel producers forcing some to close their doors and lay off workers. He says it’s disappointing the Court did not take this opportunity to address that harm.