After Supreme Court biofuels ruling, eyes on EPA

Source: By Marc Heller, E&E Reporter • Posted: Tuesday, June 29, 2021

┬áThe Supreme Court’s decision Friday in favor of small refineries seeking relief from biofuel-blending mandates improves the odds for dozens of applications pending at EPA. People on either side of the biofuels debate said they’re looking for EPA’s interpretation of the high court’s decision, which will become clear in the coming months. Biofuel industry groups pointed to other aspects of the 10th Circuit’s ruling that the Supreme Court didn’t address but that could limit the number of small refinery petitions granted. For one, the appellate court found that small refineries must show that the economic harm they’re claiming is caused by the RFS mandate, rather than weak demand or other factors. For another, that court accepted EPA’s position that refineries typically recover the cost of renewable fuel credits through the marketplace.