Supreme Court to Review Biofuel Blending Case

The U.S. Supreme Court has announced it will review the U.S. Court of Appeals for the Tenth Circuit’s decision in a case against the Environmental Protection Agency (EPA).

The decision overturned three inappropriately granted small refinery exemptions under the Renewable Fuel Standard (RFS). Plaintiffs in the case include the Renewable Fuels Association, National Corn Growers Association, National Farmers Union and American Coalition for Ethanol.

“Our groups believe the Tenth Circuit got it right the first time, and we will continue to defend the court’s ruling.,” said a joint statement issued by the organizations.

In January 2020, the Tenth Circuit court struck down the exemptions by the EPA. Last month, the U.S. Department of Justice filed a recommendation against a Supreme Court review.

The Justice Department says in its brief that, “The issue didn’t warrant the high court’s review and stated that the refiners’ petition asking for a review ‘should be denied.”

 

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