Appeals Court Refuses to Hear EPA’s Waiver Appeal

DENVER, CO – In a victory for the ethanol industry and grain producers, the Tenth Circuit Court of Appeals Tuesday denied a request for a rehearing of a recent ruling that struck down certain small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS). On January 24, the Tenth Circuit judges unanimously ruled that EPA had vastly exceeded its authority in granting exemptions from 2016 and 2017 RFS requirements to three refineries. The ruling came from a May 2018 challenge against EPA by the National Corn Growers Association, the Renewable Fuels Association, American Coalition for Ethanol and National Farmers Union. The groups argued that EPA’s illegal and indiscriminate use of SREs led to massive demand destruction.