Description: Challenge to EPA’s August 2019 decision regarding small refinery exemptions to renewable fuel standard requirements for 2018.
Renewable Fuels Association v. EPA
Filing Date Type File Action Taken Summary 04/07/2022 Notice Download EPA filed notice of action on remand. EPA notified the court that it had denied all 36 petitions for extensions of the small refinery exemption from the requirements of the Renewable Fuel Standard annual volume obligations for compliance year 2018 that the court had remanded. 12/08/2021 Order Download EPA's motion for voluntary remand without vacatur granted. D.C. Circuit Granted Voluntary Remand of EPA Determinations on Small Refinery Waivers. The D.C. Circuit Court of Appeals granted the U.S. Environmental Protection Agency’s (EPA’s) motion for voluntary remand without vacatur of its August 2019 determination granting and denying 36 petitions for extensions of the small refinery exemption from the requirements of the Clean Air Act’s Renewable Fuel Standard annual volume obligations for compliance year 2018. The court ordered EPA to issue new decisions within 120 days. The court stated that vacatur was not warranted “because it would be unduly disruptive and EPA may be able to explain its rationale on remand.” 02/04/2020 Notice Download Notice filed by petitioners of mootness of their motion to hold case in abeyance. 01/30/2020 Order Download Motions for leave to intervene granted. 11/21/2019 Motion to Intervene Download Motion for leave to intervene in support of respondent filed by American Fuel & Petrochemical Manufacturers. 11/21/2019 Motion to Intervene Download Motion for leave to intervene in support of respondent filed by Small Refiners Coalition. 11/21/2019 Opposition Download Petitioners filed opposition to consolidation with Case Nos. 19-1196 and 19-1216 and reply in support of motion to hold case in abeyance. 11/05/2019 Motion Download Motion filed to hold case in abeyance pending outcome of related litigation in the D.C. Circuit and the Tenth Circuit. 10/22/2019 Petition for Review Download Petition for review filed. Farmers, Ethanol Producers Challenged EPA Decision on Small Refinery Exemptions. Trade groups for producers of ethanol and other biofuels and trade associations for farmers filed a petition for review of EPA’s August 2019 decision regarding small refinery exemptions to renewable fuel standard requirements for 2018.