Farm Groups Embrace New EPA Position on SREs

Farm and biofuel groups welcome the recent Environmental Protection Agency announcement supporting the Tenth Circuit Court’s January 2020 decision regarding small refinery waivers. EPA states that it “agrees with the court that the exemption was intended to operate as a temporary measure and, consistent with that Congressional purpose, the plain meaning of the word ‘extension’ refers to continuing the status of an exemption that is already in existence.”

The four petitioners in the case—the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol and National Farmers Union, welcomed the announcement in a statement. The groups say, “This announcement marks a major step forward by the Biden administration to restore the integrity of the Renewable Fuel Standard.” Last month, the U.S. Supreme Court granted a request from two refiners to review the Tenth Circuit case, even though EPA did not ask the high court to examine the ruling. Arguments before the Supreme Court are expected in the spring.