Court reverses three small refinery exemptions

Source: By Agri-Pulse • Posted: Thursday, May 20, 2021

In a victory for the ethanol industry, the 10th U.S. Circuit Court of Appeals has struck down three small refinery exemptions the outgoing Trump administration issued to Sinclair Wyoming Refining Co. the day before President Joe Biden was inaugurated. Biden’s EPA petitioned for a remand of the exemptions April 30, and Sinclair responded this week that it didn’t oppose EPA’s request. “We’re pleased that the court has vacated these improperly granted waivers and is sending them back to EPA for reconsideration,” said Renewable Fuels Association President and CEO Geoff Cooper. He said the exemptions would have erased blending requirements for 260 million gallons of renewable fuels.
Keep in mind: EPA’s biofuel waiver authority is now before the U.S. Supreme Court as the result of an earlier 10th Circuit decision.