Appeals Court Strikes Down EPA’s Denial of SREs

Appeals Court Strikes Down EPA’s Denial of SREs

*Please Note – Bob Lane was out of the office today and will return on Tuesday, November 28, 2023.

On November 22, a U.S. appeals court struck down a decision to deny small refiners waivers that would exempt them from compliance under the Renewable Fuel Standard (RFS) program.

In July of this year, the U.S. EPA denied 26 petitions from small refineries seeking small refinery exemptions (SREs) under the RFS. The action removed all but two outstanding SRE petitions for compliance years spanning 2016 through 2023. The following month, however, four refiners asked the U.S. appeals courts to review the EPA’s July action. The companies included Hunt Refining Company, San Antonio Refining Company, Calumet Shreveport Refining and Calumet Montana Refining.

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