Description: Challenge to denial of small refinery exemption from Renewable Fuel Standard program.
Ergon-West Virginia, Inc. v. EPA
Filing Date Type File Action Taken Summary 11/17/2020 Opinion Download Denial of exemption vacated. Fourth Circuit Vacated Denial of Small Refinery Exemption. The Fourth Circuit Court of Appeals again vacated a denial by EPA of a company’s request for a small refinery exemption from requirements of the renewable fuel standard program. In 2018, the court vacated EPA’s earlier denial of the request. In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial.