Ergon-West Virginia, Inc. v. EPA

The Fourth Circuit Court of Appeals held that EPA’s denial of an extension for a small refinery exemption from the renewable fuel standard program was arbitrary and capricious. The Fourth Circuit found that EPA relied “to an unexplained and unknown degree” on a “facially-deficient” recommendation from the U.S. Department of Energy on whether the refinery suffered disproportionate economic hardship. The court also said EPA ignored specific evidence suggesting that the prices of renewable identification numbers (RINs) had a negative effect.