Deadline to appeal refinery exemption case to SCOTUS whooshes by

Source: BY KELSEY TAMBORRINO, Politico • Posted: Tuesday, September 8, 2020

 Friday was the last day to ask the Supreme Court whether it would review a 10th Circuit Court of Appeals decision from January that threatened the entire refinery exemption program under the Renewable Fuel Standard. There is no evidence at this point that the government filed an appeal — a spokesperson from the Renewable Fuels Association, an ethanol trade group that is a party to the case, said they’d been notified that refiners HollyFrontier Corp. and CVR refining had filed petitions for review from the high court. An EPA spokesperson referred ME to the Justice Department. A DOJ spokesperson did not immediately respond to an inquiry, but DOJ’s listing of petitions recently filed did not list an request on the case. EPA did not appeal the decision to the 10th circuit en banc either, and failing to ask the Supreme Court for review could be read as a corn farmer-friendly move in Iowa, a state Trump needs for reelection.

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