Farm, Biofuel Leaders Embrace EPA’s New Position on Tenth Circuit’s Small Refinery Waiver Decision

Feb 23, 2021

Today, the U.S. Environmental Protection Agency announced that it is supporting the Tenth Circuit Court’s January 2020 decisionin Renewable Fuels Association et al. v. EPA. After careful review of the decision, EPA’s new leadership agrees with both the court and the biofuel litigants that small refinery exemptions were meant to be temporary and that only pre-existing exemptions may be “extended” by the agency.

EPA states that it “agrees with the court that the exemption was intended to operate as a temporary measure and, consistent with that Congressional purpose, the plain meaning of the word ‘extension’ refers to continuing the status of an exemption that is already in existence.”

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

“Our nation’s biofuel producers and farmers appreciate EPA’s careful review of the Tenth Circuit Court’s decision, and we are pleased the agency’s new leadership is reversing the previous administration’s flawed position on small refinery exemptions.

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