D.C. Circuit pauses suit over 2023 RFS waiver denials

Source: By Inside EPA • Posted: Thursday, November 30, 2023

A federal appeals court has paused consolidated litigation challenging EPA’s July denial of multiple small refinery waivers from renewable fuel standard (RFS) biofuel blending mandates, after one appeals court last week scrapped EPA’s earlier denial of Gulf Coast refiners’ waivers, while other courts have yet to rule in similar pending suits.

The U.S. Court of Appeals for the District of Columbia Circuit Nov. 28 granted refiners’ unopposed motion to hold the case, Calumet Montana Refining LLC v. EPA, in abeyance pending rulings in litigation over waivers EPA denied in April and June 2022. The cases involve substantially the same arguments over EPA’s waiver policy, under which the Biden EPA has denied all waiver requests. In its order, the D.C. Circuit holds Calumet Montana in abeyance until it rules in Sinclair Wyoming Refining v. EPA, and until the 11th Circuit issues a mandate in Hunt Refining Co. v. EPA and the 5th Circuit issues one in Calumet Shreveport Refining LLC v. EPA.