Biofuel leaders expressed disappointment Friday in a ruling from a federal appeals court overturning what they said are “most” EPA decisions in 2022 to deny requests for small refinery exemptions from the Renewable Fuel Standard.
The D.C. Circuit Court of Appeals issued an opinion but sealed it from public view, issuing only a brief judgment that said it was denying petitions from “Company A and Company B” but otherwise granting petitions from refining companies seeking relief from EPA decisions in 2022 to deny their SRE petitions.
Because the opinion has been sealed, it’s not clear how many of the 105 denials EPA issued in 2022 are affected, but Growth Energy, the American Coalition for Ethanol and the Renewable Fuels Association said in a joint statement they are “extremely disappointed in today’s decision to vacate and remand EPA’s denial of dozens of small refinery exemption petitions."
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They called EPA’s decision in 2022 to deny the petitions “well-reasoned, based on sound economic analysis, and consistent with both the Clean Air Act and the objectives of the Renewable Fuel Standard. We will evaluate our next steps, which may include seeking further review of today’s decision. Our coalition remains resolute and committed to protecting and defending the proper implementation of the RFS.”
The court gave the parties in the case until Aug. 5 to “show cause” why the opinion “should not be unsealed,” so details could be available on the court’s reasoning relatively soon.
In April 2022, EPA reversed 36 exemptions granted by the Trump administration in 2018, and in June denied 69 petitions.
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