RFA and Growth Energy file petition asking for Court’s decision on SRE approvals

In Washington, the Renewable Fuels Association, along with Growth Energy, filed a petition in the Supreme Court of the United States requesting review of the Fifth Circuit Court’s recent opinion that it is a proper venue to consider challenges to the Environmental Protection Agency’s adjudication of small refinery exemption (SRE) petitions under the Renewable Fuel Standard.

In a 2-1 decision, the Fifth Circuit concluded in November 2023 that it was an appropriate venue to hear a challenge brought by oil refiners whose SRE petitions had been denied by EPA. RFA, which intervened in the Fifth Circuit case on behalf of EPA, argued that the Fifth Circuit was not an appropriate venue for the challenge, because SREs are nationally applicable and have nationwide scope or effect. Thus, RFA argued, the only proper venue for SRE challenges is the D.C. Circuit Court. Similar challenges brought by refiners were transferred or dismissed in the Third, Seventh, Ninth, Tenth, and Eleventh Circuit Courts, as those courts all affirmed they were not the proper venue to review a nationwide policy issue. In addition, the dissenting opinion in the Fifth Circuit case, written by Judge Patrick E. Higginbotham, agreed that the Fifth Circuit was an inappropriate venue and that the challenge should have instead been heard in the D.C. Circuit.