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SCOTUS determines DC Circuit only venue for SRE legal challenges

The Supreme Court has determined there is only one venue appropriate for legal challenges to small refinery exemption decisions.

Renewable Fuels Association CEO Geoff Cooper says the Court agreed with RFA and Growth Energy that the D.C. Circuit should handle all litigation pertaining to SRE petitions.

“This is great news for the ethanol industry, is great news for maintaining the integrity of the Renewable Fuel Standard, so we are very pleased.”

He tells Brownfield the ruling is important because an increasing number of small refineries that had petitions denied by EPA would challenge in multiple circuit courts.

“And they would just keep hopping from one court to the next until they got a decision they liked.”

Cooper says the Supreme Court decision gives farmers and ethanol producers much greater certainty about SRE litigation under the RFS.

EPA is currently considering nearly 170 SRE petitions.