DOJ Opposes Supreme Court Review of RFS Waivers Decision

Cindy Zimmerman

The Department of Justice has recommended against a Supreme Court review of the Tenth Circuit Court’s ruling earlier this year that invalidated several small refinery exemptions issued by EPA under the Renewable Fuel Standard. The DOJ filed its response Wednesday to a petition submitted in September by oil refineries HollyFrontier Corporation and CVR Energy asking the Supreme Court to review the Tenth Circuit’s January decision.

The petitioners in the original Tenth Circuit Court challenge – the Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol – welcomed the government’s brief opposing Supreme Court review of the appeals court decision. RFA, NCGA, NFU and ACE plan to file their own brief with the Supreme Court today echoing the points raised by DOJ and adding others in opposing review of the Tenth Circuit’s decision.

DOJ told the Court in its brief that this issue did not warrant the high court’s review and stated that the refiners’ petition asking for review “should be denied.” Citing the standards established by the Supreme Court, the government conceded that the Tenth Circuit’s decision did “not meet this Court’s ordinary criteria for granting certiorari.”

A coalition of the original petitioners, with two additional biofuel organizations, filed a brief Tuesday challenging the Environmental Protection Agency’s August 2019 decision to exempt 31 small refineries from their obligations to comply with the Renewable Fuel Standard in 2018.

ACE, biofuels, Ethanol, Ethanol News, RFA