US Supreme Court agrees to hear issue on Small Refinery Exemptions venue

US Supreme Court agrees to hear issue on Small Refinery Exemptions venue

Biofuel groups Growth Energy and the Renewable Fuels Association (RFA) both praised on Monday October 21 the US Supreme Court’s decision to grant certiorari on petitions relating to the administration of small refinery exemptions (SREs) under the country’s Renewable Fuel Standard (RFS).

Granting certiorari means that the Supreme Court will review whether the country’s Fifth Circuit Court was the appropriate venue to hear the SRE issue.

The Fifth Circuit represents three south-central US states and is considered to have regional influence. The District of Columbia (DC) Circuit Court generally has jurisdiction on appeals with consequences for national policy.

In November 2023, the Fifth Circuit concluded that it was an appropriate venue to hear a challenge brought by refiners whose SRE petitions had been denied by the US Environmental Protection Agency (EPA).

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