Coalition Seeks Court Fix to EPA Waivers

A coalition of biofuel supporters has asked a federal court to take action against the Environmental Protection Agency’s small refinery waivers. The petition filed earlier this week asked the federal appeals court to lift a stay it placed on a 2018 petition asking the court to protect the renewable fuels industry from undue harm caused by the waivers. The group includes Growth Energy, the Renewable Fuels Association, National Farmers Union and others. The coalition says EPA’s current regulations factor in only future small refinery exemptions granted prior to the compliance year, despite most of the exemptions granted in recent years have been for compliance periods that had already ended. The coalition had asked for the stay to give EPA time to review its request to reconsider its current regulations. EPA’s response never arrived, but “EPA’s statements and actions over the past 13 months indicate that EPA has effectively denied the request.” Not content to wait further, the coalition asked the court to step in and restart proceedings.