Renewable Fuels Association v. EPA

After the Tenth Circuit Court of Appeals vacated and remanded three small refinery exemption extensions from Renewable Fuel Standard requirements granted by the U.S. Environmental Protection Agency on January 19, 2021, Renewable Fuels Association moved to voluntarily dismiss its petitions for review challenging the exemptions in the Tenth Circuit and the D.C. Circuit. The Tenth Circuit granted the motion on May 25, 2021, and the D.C. Circuit granted the motion on May 26, 2021. The Tenth Circuit vacated and remanded the exemptions after EPA moved for vacatur and voluntary remand, conceding that it did not analyze determinative legal questions regarding the refineries’ eligibility for the extensions.