Biden EPA gets argument time in biofuels showdown

Source: By Pamela King, E&E Reporter • Posted: Tuesday, April 6, 2021

┬áThe Supreme Court said the Biden administration can present arguments in a legal battle over the renewable fuel standard. In a short order this morning, the justices granted acting Solicitor Attorney General Elizabeth Prelogar’s request for 15 minutes of argument time. The Biden administration will argue alongside the Renewable Fuels Association and other biofuels groups, which oppose claims by small refiners that say they should be exempt from RFS requirements due to economic hardship. The Biden team’s argument, which is a change in position from the Trump administration, is in line with a ruling last year by the 10th U.S. Circuit Court of Appeals that said three refineries owned by HollyFrontier Corp. and Wynnewood Refining Co. could not get new exemptions in 2017 and 2018 because the RFS only allows for waiver extensions.

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