EPA, RFA agree refinery waiver case should not go to Supreme Court
One legal battle over small refinery exemptions has the two sides agreeing on one issue.
The Department of Justice and Acting Solicitor General Jeffrey Wall for the EPA said Tuesday a request by HollyFrontier Cheyenne Refining did not warrant a Supreme Court review of the ruling on small refinery exemptions made early this year by the 10th Circuit Appeals Court.
Renewable Fuels Association President Geoff Cooper tells Brownfield that does put EPA in agreement with biofuels groups on this point. Cooper says there is some strong language in the DOJ brief suggesting that they are coming around to their way of thinking on the applicability of the decision. Cooper says the DC Circuit is currently considering an RFA case that raises the same issues and that everyone should wait until that case is over before deciding how broadly to apply the 10th Circuit decision.
Biofuels groups say they will also provide the court with arguments supporting the DOJ position, and address other related issues.