U.S. Court of Appeals grants deadline extension for rehearing of SRE legal battle

March 10, 2020 |

In Washington, on March 9, the U.S. Court of Appeals for the Tenth Circuit approved requests by the U.S. Department of Justice, HollyFrontier, and CVR Energy for an extension of the deadline to file motions asking for a rehearing en banc of Renewable Fuels Association et al. v. EPA, in which the Court found EPA vastly exceeded its authority in granting compliance exemptions to three refineries from 2016 and 2018 Renewable Fuel Standard obligations. The new deadline for requesting a rehearing in the Tenth Circuit is March 24.

The petitioners in the case—the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol, and National Farmers Union—offered the following statement:

“We are very disappointed that the Administration has opted to kick the can on deciding whether to appeal the court decision, as all initial indications suggested EPA would not appeal the ruling and would correctly apply the decision nationally. This delay just prolongs uncertainty in the marketplace and stokes more angst and frustration in farm country. Still, we are hopeful the Administration will take this additional time to thoroughly review the court’s well-reasoned, unambiguous decision and carefully consider the adverse consequences of appealing. It is our hope that cooler heads prevail and that the White House reaches the logical conclusion that an appeal is both imprudent and unnecessary. Joining three refineries—who represent less than 1 percent of the nation’s oil refining capacity—in their appeal would be a rash and risky decision for the Administration. In fact, many oil refiners and the American Petroleum Institute have joined farmers and the ethanol industry in opposing an appeal and advocating for nationwide application of the court decision. An appeal by the Administration would be viewed by rural America as a senseless poke in the eye and a breach of the President’s commitments on ethanol and the Renewable Fuel Standard.”

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Category: Policy

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