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The Climate Litigation Database

Renewable Fuels Association v. EPA

About this case

Filing year
2018
Status
Requests for panel rehearing and rehearing en banc denied.
Docket number
18-9533
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Tenth Circuit (10th Cir.)
Case category
Federal Statutory Claims (US)Clean Air Act (US)Industry Lawsuits (US)Renewable Fuel Standards (US)
Principal law
United StatesClean Air Act (CAA)United StatesEnergy Independence and Security Act (EISA)United StatesEnergy Policy Act of 2005
At issue
Challenge to EPA orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
04/07/2020
Requests for panel rehearing and rehearing en banc denied.
Decision
01/24/2020
Orders granting the exemption extension petitions vacated and matters remanded to EPA.
The Tenth Circuit Court of Appeals vacated U.S. Environmental Protection Agency (EPA) orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards. The Tenth Circuit found that a coalition of renewable fuels producers had standing to challenge the exemptions and that the court otherwise had jurisdiction over the case. The Tenth Circuit agreed with the coalition that EPA exceeded its statutory authority granting extensions when none of the three small refineries had received an initial exemption in the years preceding their petitions for extension. The court also found that EPA improperly relied on hardship caused by factors other than compliance with renewable fuel obligations as a basis for granting the extensions.
Decision

Summary

Challenge to EPA orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance