D.C. Circuit poised to hear case over extended RFS compliance deadlines

Source: By Inside EPA • Posted: Sunday, January 22, 2023


A panel of the U.S. Court of Appeals for the District of Columbia Circuit is poised to hear oral argument in refiners’ lawsuit targeting EPA’s extended timetable for complying with renewable fuel standard (RFS) mandates, a measure ostensibly designed to help refiners that has nonetheless resulted in unachievable, “dystopian” deadlines, they say.

Chief Judge Sri Srinivasan, Circuit Judge Nina Pillard and Senior Circuit Judge A. Raymond Randolph will hear arguments in the case, Wynnewood Refining Company, LLC, et al. v. EPA, on Jan. 19. The case challenges EPA’s February extension of compliance deadlines with RFS biofuel blending mandates, required because the agency was years late in issuing its RFS volume blending requirements for 2021 and 2022, and because the agency retroactively cut blending volumes for 2020 in response to lowered fuel consumption during the COVID-19 pandemic.