Refiners ask high court to review biofuel ruling

Source: By Law360 • Posted: Wednesday, September 9, 2020

A pair of refiners has asked the U. S. Supreme Court to review the Tenth Circuit’s decision to rescind U. S. Environmental Protection Agency exemptions that temporarily relieved them from having to blend renewable fuels into their products at three refineries. Renewable Fuels Association President and CEO Geoff Cooper said Tuesday the Tenth Circuit’s decision does not warrant review by the Supreme Court. “It was well-reasoned and based on a plain reading of the Clean Air Act, and there are no conflicting decisions in other federal courts of appeal,” Cooper said in a statement. “Congress clearly intended the small refinery exemption to be temporary in nature and used only as a ‘bridge to compliance’ for certain eligible small refineries.”