EPA fights push to revive RFS waivers, raising chance of Circuit split

Source: By Inside EPA • Posted: Tuesday, March 28, 2023

EPA is fighting a legal push by Wyoming oil refiners for a stay of the agency’s denial of Renewable Fuel Standard compliance waivers, a move the refiners say would require issuance of the waivers but which EPA says could only result in a remand and no waiver issuance, raising the chances of a split between appellate circuits on the question.

In a redacted March 27 filing, EPA opposes the motion for a stay pending a decision on the merits filed earlier by Sinclair Wyoming Refining and Sinclair Casper Refining in the U.S. Court of Appeals for the District of Columbia Circuit. EPA says Sinclair seeks relief that is “unavailable in a petition for review of agency action” because “courts lack authority to order the agency to act to change the preexisting status or rights of the challenger pending conclusion of judicial review.”