NATSO ANALYSIS: Court Sides with Biofuels Interests in Case Examining RFS Small Refinery Exemptions
A federal appeals court ruling on Friday, January 24 handed a major victory to biofuels stakeholders, casting doubt on EPA’s legal justification for its recent increase of small refinery exemptions and adding a new wrinkle of uncertainty to an already-volatile Renewable Fuel Standard (RFS) program.
The U.S. Court of Appeals for the 10th Circuit ruled that EPA has been granting “hardship” exemptions to a larger universe of refineries than Congress intended when it developed the RFS more than a decade ago. The exemptions have resulted in lower prices for the Renewable Identification Number (RIN) trading credits used to demonstrate compliance under the RFS and have diminished demand for renewable fuels in the United States…
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