EPA weighs in on 10th circuit opinion to dismay of the RFA


EPA weighs in on 10th circuit opinion to dismay of the RFA

The EPA is seeking an extension to weigh in on an oil refiner’s petition for review by the Supreme Court of the 10th Circuit court opinion on small refinery waivers to the dismay of biofuels groups.

Renewable Fuels Association president Geoff Cooper says they are surprised the EPA has signaled this action after deciding not to get involved in earlier efforts for a rehearing.

Cooper says “if EPA decides to take a position on the request for further judicial review” they hope it’s to convey a review is unnecessary and “falls far short of the established standards for the Supreme Court’s involvement.” 

Paul Winters with the National Biodiesel Board says the EPA’s request for additional time to give input ensures the Supreme Court won’t consider the issue until next year. He says EPA’s delays in applying the 10th Circuit decision and issuing the annual RFS rule create uncertainty for producers and leave a lot of unfinished business for next year.

Cooper says it’s “time to move forward and put an end to the uncertainty and instability of small refinery exemptions.” He says EPA can and should adopt the Tenth Circuit decision nationwide.

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