The Renewable Fuels Association, together with Growth Energy, filed a petition in the Supreme Court of the United States Monday requesting review of a Fifth Circuit Court opinion on proper venue for challenges to the Environmental Protection Agency’s small refinery exemption (SRE) petitions under the Renewable Fuel Standard (RFS).

In a November 2023 decision, the Fifth Circuit concluded that it was an appropriate venue to hear a challenge brought by oil refiners whose SRE petitions had been denied by EPA. RFA intervened in the Fifth Circuit case on behalf of EPA and argued that the only proper venue for SRE challenges is the D.C. Circuit Court because SREs are nationally applicable and have nationwide scope or effect.

Similar challenges brought by refiners were transferred or dismissed in the Third, Seventh, Ninth, Tenth, and Eleventh Circuit Courts, as those courts all affirmed they were not the proper venue to review a nationwide policy issue. In addition, the dissenting opinion in the Fifth Circuit case, written by Judge Patrick E. Higginbotham, agreed that the Fifth Circuit was an inappropriate venue and that the challenge should have instead been heard in the D.C. Circuit.

“As our petition makes clear, the Fifth Circuit never should have heard this challenge brought by refiners,” said RFA President and CEO Geoff Cooper. “As underscored by five other Circuit Courts and the dissenting opinion in the Fifth Circuit, the D.C. Circuit is obviously the only proper venue for reviewing EPA’s denial of small refinery exemption petitions. The Supreme Court should overturn the Fifth Circuit’s flawed opinion and ensure that any SRE challenges are considered by the singular D.C. Circuit venue.”