Ergon-West Virginia, Inc. v. EPA

The Fourth Circuit Court of Appeals again vacated a denial by EPA of a company’s request for a small refinery exemption from requirements of the renewable fuel standard program. In 2018, the court vacated EPA’s earlier denial of the request. In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial.