Supreme Court Rules on Small Refinery Exemptions Case

Cindy Zimmerman Leave a Comment

The U.S. Supreme Court today issued its opinion that the U.S. Court of Appeals for the D.C. Circuit is the proper venue for legal challenges to small refinery exemption (SRE) decisions.

The Renewable Fuels Association and Growth Energy presented oral arguments to the Supreme Court regarding the case on EPA’s behalf and urging the court to reject the argument by refineries that would allow them to “forum shop” for more favorable venues to challenge recent SRE denials despite clear direction from Congress that those decisions should be adjudicated in the U.S. Court of Appeals for the D.C. Circuit.

In a joint statement, the ethanol groups said the decision is a “victory for the American biofuels industry and for the rural communities that depend on a strong Renewable Fuel Standard.”

The Court agreed with our argument that the D.C. Circuit is the only appropriate venue for litigation on EPA’s small refinery exemption decisions. Because the Renewable Fuel Standard is a national program and SREs have nationwide impacts, any challenges to SRE decisions belong squarely in the D.C. Circuit. Allowing 12 different Circuit Courts to adjudicate SREs would result in a fractured and inconsistent body of law, causing chaos and confusion in the marketplace. The court’s opinion today gives farmers and ethanol producers much greater certainty about SRE litigation under the Renewable Fuel Standard, which continues to be one of the nation’s most successful clean energy programs.

EPA, Ethanol, Ethanol News, Renewable Fuels Association, RFA

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