Supreme Court Hears Arguments Regarding RFS Refinery Waivers

WASHINGTON, DC – The Supreme Court heard oral arguments on Tuesday morning in the case, HollyFrontier Cheyenne Refining vs. the Renewable Fuels Association. At issue is the meaning of “temporary extension” in relation to the Renewable Fuel Standard (RFS) as administered by the Environmental Protection Agency (EPA). Four organizations making up the Biofuels Coalition (Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol) are arguing that the Court should affirm a unanimous 2020 decision from the Tenth Circuit Court of Appeals which held that only small refineries that have remained continuously exempt from obligations under the RFS are eligible for future extensions of the compliance exemption. EPA announced in February that it supports the Tenth Circuit’s decision. The RFS allows EPA to grant temporary exemptions and extensions to small refineries that can prove economic harm by compliance, the coalition argued that the statute only authorizes continuous exemptions and once a refiner comes into compliance, they are no longer eligible for an exemption.
(SOURCE: All Ag News)