Court offers mixed bag on 2019 RFS biofuels rule Past small refinery exemptions don’t have to be accounted for in future years, but refinery challenges also shot down.
Suggested Event
Aug 31, 2021 to Sep 02, 2021
In setting the 2019 volume obligations for the Renewable Fuel Standard, EPA failed to account for retroactive exemptions. In a challenge known as
Growth Energy v. EPA brought by Growth Energy, RFS Power Coalition and the National Biodiesel Board, a D.C. Circuit Court denied their petitions but also denied challenges brought by the oil industry and environmental groups.
The biofuel industry associations challenged EPA’s failure to account for a flood of retroactive small refinery exemptions that undercut the annual volumes by 7% in 2019. A second set of petitioners consisting of Monroe Energy LLC, Small Retailers Coalition, American Fuel & Petrochemical Manufacturers and Valero Energy Corporation challenged that the rule’s fuel obligations were too demand