Coffeyville Resources Refining & Marketing, LLC v. EPA

The D.C. Circuit rejected a set of challenges to Renewable Fuel Standard (RFS) program rules. First, the court upheld the U.S. Environmental Protection Agency’s (EPA’s) denial of petitions to reconsider its 2010 “point of obligation” rule that imposed RFS compliance obligations on refiners and importers but not on blenders. Second, the court upheld EPA’s decision not to reassess categories of “obligated parties” when it issued the 2017 annual standards. Third, the court rejected challenges to EPA’s cellulosic biofuel projection for 2017 and the decision not to use the entirety of the discretionary cellulosic waiver to lower the 2017 requirements for advanced biofuel and total renewable fuel. Fourth, the court rejected a claim that the 2018 volume for biomass-based diesel was too low.

Seven petitions for review were filed in the D.C. Circuit Court of Appeals seeking review of EPA’s final Renewable Fuel Standards for 2017 and Biomass-Based Diesel Volume for 2018. The lead case was brought by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC, companies that operate refineries in Kansas and Oklahoma. Other petitioners included other refinery and energy companies, American Petroleum Institute, American Fuel & Petrochemical Manufacturers, and National Biodiesel Board.