Description: Challenge to EPA's denial of a small refinery exemption from the Renewable Fuel Standard program.
Ergon-West Virginia, Inc. v. EPA
Filing Date Type File Action Taken Summary 07/20/2018 Opinion Download Petition for review granted and EPA decision vacated. Fourth Circuit Vacated EPA’s Denial of Small Refinery Exemption from Renewable Fuel Standard Program. The Fourth Circuit Court of Appeals held that EPA’s denial of an extension for a small refinery exemption from the renewable fuel standard program was arbitrary and capricious. The Fourth Circuit found that EPA relied “to an unexplained and unknown degree” on a “facially-deficient” recommendation from the U.S. Department of Energy on whether the refinery suffered disproportionate economic hardship. The court also said EPA ignored specific evidence suggesting that the prices of renewable identification numbers (RINs) had a negative effect.