Description: Challenge to EPA orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards.
Renewable Fuels Association v. EPA
Filing Date Type File Action Taken Summary 01/24/2020 Opinion Download Orders granting the exemption extension petitions vacated and matters remanded to EPA. Tenth Circuit Vacated Extensions of Small Refinery Exemptions from Renewable Fuel Mandates. The Tenth Circuit Court of Appeals vacated U.S. Environmental Protection Agency (EPA) orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards. The Tenth Circuit found that a coalition of renewable fuels producers had standing to challenge the exemptions and that the court otherwise had jurisdiction over the case. The Tenth Circuit agreed with the coalition that EPA exceeded its statutory authority granting extensions when none of the three small refineries had received an initial exemption in the years preceding their petitions for extension. The court also found that EPA improperly relied on hardship caused by factors other than compliance with renewable fuel obligations as a basis for granting the extensions.