U.S. Court of Appeals for the D.C. Circuit vacates most of EPA’s 2022 SRE denials

In Washington, U.S. Court of Appeals for the D.C. Circuit last week issued an order vacating most of the U.S. Environmental Protection Agency’s 2022 denials of petitions for small refinery exemptions from Renewable Fuel Standard obligations, and remanding those petitions to EPA for further proceedings. The court’s opinion remains under seal and is unavailable for public review.

The following is a joint statement from the Renewable Fuels Association, Growth Energy and the American Coalition for Ethanol, all of whom intervened on EPA’s behalf in the litigation:

“We are extremely disappointed in today’s decision to vacate and remand EPA’s denial of dozens of small refinery exemption petitions. EPA’s decision in 2022 to deny the petitions was well-reasoned, based on sound economic analysis, and consistent with both the Clean Air Act and the objectives of the Renewable Fuel Standard. We will evaluate our next steps, which may include seeking further review of today’s decision. Our coalition remains resolute and committed to protecting and defending the proper implementation of the RFS.”