The Environmental Protection Agency did not appeal a Tenth Circuit Court of Appeals ruling on small refinery waivers. Ethanol groups are pleased. “We needed this good news,” said Brian Jennings, CEO, American Coalition for Ethanol. “Now we need the EPA to follow up with the decision by making it clear in a statement that they’ll abide by the tenth circuit rule when it comes to granting waivers moving forward.” Earlier this year, the court struck down the granting of certain small refinery exemptions under the Renewable Fuel Standard. On Tuesday, two oil refineries petitioned the courts, saying any restriction on the EPA’s ability to grant small refinery waivers would be devastating. Jennings isn’t expecting much to come from the petition. “If the Department of Justice and the Trump administration joined the two refiners in asking for an appeal or another hearing, that would have been a cause for concern. Our law team tells us the fact that the refiners are seeking this appeal on their own means the judges that sit on the bench in the tenth circuit are highly unlikely to grant the appeal.”
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