On Monday, the Renewable Fuels Association and Growth Energy filed their opening brief in the U.S. Supreme Court case Environmental Protection Agency v. Calumet Shreveport Refining. The case seeks to overturn an opinion from the U.S. Court of Appeals for the Fifth Circuit regarding the proper venue for adjudicating the U.S. Environmental Protection Agency’s (EPA’s) denials of several petitions for small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS).

In their brief, RFA and Growth Energy argue that the Fifth Circuit had erred and that challenges to those SRE petition denials should be adjudicated solely in the U.S. Court of Appeals for the D.C. Circuit because EPA’s SRE policy is “nationally applicable” and “based on a determination of nationwide scope or effect.” In support, the organizations argue in their brief that EPA “prescribed general standards” for adjudicating SRE petitions irrespective of their location that, when applied, “inherently affect . . . obligations for all” obligated refineries and renewable fuels producers “throughout the country.”

“EPA’s actions in response to these SRE petitions reflect quintessentially national concerns that are well within EPA’s authority to protect,” said RFA and Growth Energy in a statement. “Oil industry interests should not be allowed to upend Congress’s carefully crafted judicial review process, which ensures national uniformity for the RFS program and avoids inconsistent legal precedents, forum shopping, and market uncertainty for biofuels.”

The case stems from EPA denials of SRE petitions in 2022 that were challenged by the refineries. All regional circuit courts except the Fifth Circuit concluded that only the D.C. Circuit was the proper venue to hear the challenges, and they dismissed or transferred the challenges to the D.C. Circuit. By contrast, the Fifth Circuit held that venue in that court was proper, and in a divided 2-1 panel opinion, vacated EPA’s denials for the refineries that brought challenges in that court.

In May 2024, RFA and Growth Energy jointly petitioned the Supreme Court to overturn the Fifth Circuit opinion. The U.S. EPA also petitioned the Supreme Court as well. On October 21, the Supreme Court granted EPA’s petition, and RFA and Growth Energy submitted their opening brief as a respondent in support of EPA.