Biofuels Coalition not deterred despite SCOTUS overturning part of Tenth Circuit ruling on RFS waivers

A coalition of renewable fuel and farm groups is signaling all is not lost despite the Supreme Court overturning last year’s Tenth Circuit Court decision limiting EPA’s small refinery exemption program.

American Coalition for Ethanol CEO Brian Jennings says while SCOTUS failed to affirm the circuit court reining in exemptions only to situations involving extensions, other key elements of the appeal were not challenged and remain the law of the land.

“And that is that refiners have to prove that it was RFS compliance itself that caused disproportionate economic hardship for them, not outside factors. And that EPA cannot use RIN costs as an excuse to grant refinery waivers.”

Troy Bredenkamp with the Renewable Fuels Association tells Brownfield those are high bars for any SRE petition moving forward.

“Because the Biden administration has told us that they are going to comply and adhere to the Tenth Circuit decision (and) those two parts are part of that Tenth Circuit decision.”

The Biofuels Coalition, which also includes the National Corn Growers Association and National Farmers Union, says they remain optimistic the Biden administration will take a far more judicious and responsible approach to the refinery exemption program compared to the previous administration.

Brian Jennings interview:

Troy Bredenkamp interview:

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