Biofuel groups pleased court has vacated refinery exemptions


Biofuel groups pleased court has vacated refinery exemptions

Biofuel groups are pleased the U.S. Court of Appeals for the Tenth Circuit vacated three small refinery exemptions granted by the Trump administration’s EPA in January.

Less than a day before the inauguration of President Biden, the Trump administration’s EPA announced the exemptions later confirmed to Sinclair refineries in Wyoming. The Renewable Fuels Association filed an emergency stay in the U.S. Court of Appeals, and in its April 30th filing, EPA said the previous administration’s agency failed to properly analyze the petitions.

The court order today says any further administrative proceedings on the exemptions must be “consistent with the court’s decision in Renewable Fuels Association v. EPA.

Renewable Fuels Association President and CEO Geoff Cooper says the organization is pleased the court vacated the waivers and is sending them back to EPA for reconsideration. He says the EPA did the right thing in April by requesting that the exemptions be vacated.

Growth Energy CEO Emily Skor says going forward, the Supreme Court should affirm the Tenth Circuit’s opinion and affirm EPA’s authority to deny improper small refinery exemptions.

American Coalition for Ethanol CEO Brian Jennings says they are encouraged the court has vacated the waivers. He says the Biden EPA appears to be focused on getting the Renewable Fuel Standard on track and ACE expects the last-minute waivers to ultimately be denied.