Ethanol industry leaders are disappointed and surprised by a U.S. Court of Appeals D.C. Circuit order on Friday vacating most of the EPA’s 2022 denials of petitions for small refinery exemptions from Renewable Fuel Standard obligations, and remanding those petitions to EPA for further proceedings.

While the court’s opinion remains under seal and is unavailable for public review the coalition of ethanol organizations that intervened on EPA’s behalf in the litigation remains committed to protecting and defending the proper implementation of the RFS. The Renewable Fuels Association, American Coalition for Ethanol and Growth Energy issued the following statement.

“We are extremely disappointed in today’s decision to vacate and remand EPA’s denial of dozens of small refinery exemption petitions. EPA’s decision in 2022 to deny the petitions was 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.”

“We have always felt that EPA’s analysis of these petitions in recent years has been sound and well-reasoned and backed up by real world experience,” said Renewable Fuels Association President and CEO Geoff Cooper. “There’s no evidence there’s been any sort of harm to any of these small refineries in any part of the country as a result of the Renewable Fuels Standard and their compliance obligations…and that’s because they pass along the cost of the RINS.”

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RFA CEO Cooper comments on SRE ruling 2:18