The industry filed suit against oil refineries and will head to the Supreme Court this spring.
Feb 23rd, 2021
This April 4, 2007 file photo, shows a gas pump in that delivers Ethanol fuel. The federal government announced Monday, Feb. 22, 2021, that it will support the ethanol industry in a lawsuit over biofuel waivers granted to oil refineries under President Donald Trump s administration. The Environmental Protection Agency said it is reversing course and will support a January 2020 decision by the Denver-based 10th U.S. Circuit Court of Appeals in a lawsuit filed by the Renewable Fuels Association and farm groups.
AP Photo/M. Spencer Green File
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EPA switches stance to support Tenth Circuit’s Renewable Fuels Association Decision
The US Environmental Protection Agency (EPA) announced that, after careful consideration of the 2020 decision of the US Court of Appeals for the Tenth Circuit in
Renewable Fuels Association et al. v. EPA, 948 F.3d 1206 , EPA now supports that court’s interpretation of the renewable fuel standard (RFS) small-refinery provisions.
This conclusion, prompted by a detailed review following the Supreme Court’s grant of certiorari in the case, represents a change from EPA’s position before the Tenth Circuit. The change reflects the Agency’s considered assessment that the Tenth Circuit’s reasoning better reflects the statutory text and structure, as well as Congress’s intent in establishing the RFS program.
EPA Changes Stand, Sides With Ethanol Industry on Biofuels
An ethanol facility in Iowa in June 2019. (Daniel Acker/Bloomberg News)
DES MOINES, Iowa The federal government announced Feb. 22 that it will support the ethanol industry in a lawsuit over biofuel waivers granted to oil refineries under President Donald Trump’s administration.
The Environmental Protection Agency said it is reversing course and will support a January 2020 decision by the Denver-based 10th U.S. Circuit Court of Appeals in a lawsuit filed by the Renewable Fuels Association and farm groups. The lawsuit is headed to arguments before the U.S. Supreme Court this spring.
WASHINGTON The U.S. Environmental Protection Agency announced that it is supporting the Tenth Circuit Court’s January 2020 decision in Renewable Fuels Association et al. v. EPA. After careful review of the decision, EPA’s new…