Supreme Court: EPA Holds Broad Refinery Waiver Authority

WASHINGTON, DC – The biofuels industry endured a setback on Friday morning when the U.S. Supreme Court ruled that the Environmental Protection Agency (EPA) has the power to determine what small oil refiners may be exempt from the ethanol blending mandate under the Renewable Fuels Standard (RFS), and how often they receive a waiver.

The original suit against EPA was brought by the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol regarding the waivers that they argued, must only apply to refiners who have continuously received a waiver in the past.

The high court in a 6-3 decision, did not agree as Justice Neil Gorsuch said that nothing in the Renewable Fuel Standard “commands a continuity requirement.”

The decision may not make much difference under the Biden administration that is expected to issue fewer waivers while pushing for more biofuel blending to help meet the requirements of the President’s 30 x 30 plan (aimed at reducing greenhouse gas emissions in the U.S. by 30 percent by the year 2030).

“This administration is very committed to ensuring biofuels are a part of the future” White House Climate Advisor Gina McCarthy told AllAgNews Thursday. The former EPA Administrator added that “we have a great interest in making sure that biofuels, in terms of the renewable fuels standard, gets back on track as soon as possible”.

Currently there are 70 requests for small refinery exemptions, dating back to 2011, waiting on a decision by EPA.
(SOURCE: All Ag News)