U.S. District Court rules in favor of refiner waiver appeal

A U.S. District Court that represents Texas, Louisiana, and Mississippi has sided with oil refiners that sued EPA for denying small refinery waiver requests.

Renewable Fuels Association CEO Geoff Cooper calls Wednesday’s announcement by the Fifth Circuit Court of Appeals disappointing and says a decision on a national program like the Renewable Fuel Standard should be handled by the D.C. Circuit.

“In fact, the dissenting opinion, the judge who agreed with us, that was the basis of the dissent. He said ‘look, the D.C. Circuit is really the only rational place to hear this sort of case, and the Fifth Circuit has no business interfering in an issue of national significance and national scope.”

American Coalition for Ethanol CEO Brian Jennings tells Brownfield it’s difficult to quantify the impact the Fifth Circuit Court decision might have.

“These refineries, there are six of them that were appealing in the Fifth Circuit Court in New Orleans, they will get to continue to have exemptions until there is a final word on this.”

A coalition that includes ACE and RFA, as well as Growth Energy, released a statement Monday saying they will continue to vigilantly defend the RFS and fight against the illegal abuse of small refinery exemptions.

Geoff Cooper interview:

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