Groups Oppose Motion to Remand SREs without Vacatur

Cindy Zimmerman Leave a Comment

Six biofuel-supporting organizations filed a motion this week opposing the Environmental Protection Agency (EPA) motion to “remand but not vacate the 31 small refinery exemptions (SREs) the Trump Administration granted in August 2019.”

The Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union as a coalition are currently challenging the 31 SREs in the D.C. Circuit, arguing that EPA’s issuance of the exemptions was arbitrary and capricious and exceeded the Agency’s authority under the Clean Air Act.

Together, these leaders provided the following statement in opposition to this motion:

“While it is encouraging that EPA intends to reconsider the 31 SREs granted for the 2018 compliance year, we must oppose EPA’s motion to remand without a deadline and without addressing the SREs’ ongoing damage to the biofuel industry. In addition to seeking a remand of the SREs, the Biden Administration EPA should ask that they be vacated; or at the very least, EPA should ask the court to set a deadline by which the reconsideration of these petitions must be completed. This would allow the Biden Administration EPA to hit the reset button and conduct a new evaluation of each 2018 SRE request in light of the 10th Circuit Court decision in Renewable Fuels Association et al. v. EPA and the recent Supreme Court decision overturning one piece of the 10th Circuit decision. We are looking to the Biden Administration to renew the bond with farmers and rural economies by restoring certainty and integrity to the RFS.”

ACE, Biodiesel, biofuels, Ethanol, Ethanol News, NBB, NCGA, NFU, Renewable Fuels Association, RFA

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