D.C. Circuit remands Trump RFS waivers, allowing EPA to scrap them

Source: By Inside EPA • Posted: Thursday, December 9, 2021

A federal appeals court has granted EPA’s request for remand without vacatur of dozens of Trump-era approvals of renewable fuel standard (RFS) compliance waivers for small refiners, opening a path for EPA to scrap them, only a day after the agency proposed to deny all remaining requests for such waivers. The ruling will allow the agency to scrap the waivers should it choose to do so, in line with a tough new policy that denies all future issuance of the waivers, outlined in EPA’s proposal Dec. 7. EPA issued its waivers proposal alongside its delayed proposals for RFS biofuel blending volumes for 2021 and 2022 and planned steep retroactive cuts for 2020. More than 60 remaining requests for waivers will likely therefore be denied.

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