RFS Taking Center Stage in Supreme Court Hearing

URBANA, IL – The Renewable Fuels Standard (RFS) has experienced more than its fair share of litigation over the course of its 15-year existence but had never reached the Supreme Court, until January. Jonathan Coppess is Assistant Professor and Director of the Gardner Agriculture Policy Program at the University of Illinois and says the Supreme Court has agreed to hear a case on appeal for three small refineries challenging a recent decision by the 10th Circuit. The question presented to the Supreme Court is one of statutory interpretation as the small refineries sought review of the authority to grant extensions of exemptions for small refineries from the RFS mandates. The 10th Circuit Court of Appeals had overturned decisions by EPA to grant these refineries a request for an extension of the exemption from the RFS mandates; the refineries are asking the Supreme Court to reverse the 10th Circuit decision. The question presented to the Supreme Court is an exceedingly narrow matter of statutory interpretation regarding the proper meaning of the words of Congress for the granting of an extension of an exemption from the mandate. So narrow, in fact, Coppess explains, that the case begs further questions about whether the Court is looking at other matters such as the issue of standing for interest group litigants. For more information visit FarmdocDaily.com
(SOURCE: All Ag News)