American Coalition for Ethanol CEO Brian Jennings isn’t entirely surprised with the U.S. Supreme Court’s ruling on small refinery exemptions. “There were strange arguments made by the justices on the definition of extension during oral arguments in April.” The U.S. Supreme Court only considered one of a three-part decision from a Tenth Circuit Court of Appeals case from 2020. Two pillars from the former court case are still in effect. “Refiners must prove compliance with the RFS is the singular cause of hardship, not outside factors. The final pillar is EPA can’t use RIN costs as an excuse to grant exemptions. It’s like a three-legged stool: one leg was knocked out, but two remain.” The Biden’s EPA will now digest the 32-page decision and use that information to approach 70 pending small refinery exemptions. Hear the story.
