The Supreme Court began hearing oral arguments today over EPA’s authority to exempt small refiners from their obligations to blend ethanol and biodiesel/renewable diesel into the nation’s transportation fuel sector under the Renewable Fuel Standard (RFS). The case centers around the 10th Circuit ruling that stated only small refiners that have continually received waives since 2011 should be eligible for continued exemptions from RFS mandates.
Should the 10Th Circuit ruling be upheld, it would drastically reduce the number of waivers allowed. The prior administration increased waiver use from seven granted in 2016 to 35 in 2018. Renewable volume obligations exempt from RFS blending increased from 790 million RINs to over 1.8 billion. Restricting waiver use would significantly lower gallons and RINs exempt.
The RIN…
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