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.

The D.C. Circuit Court of Appeals granted motions to hold in abeyance a case challenging the granting of small refinery exemptions from Renewable Fuel Standard requirements. EPA granted the exemptions on January 19, 2021. The case will be held in abeyance pending the Supreme Court’s disposition of HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association or a relevant determination regarding jurisdiction or venue in a related case filed by the same petitioner in the Tenth Circuit seeking the same relief. The petitioner filed the Tenth Circuit petition for review after learning that the exemptions were issued for refineries in the Tenth Circuit and stated its intention to dismiss the D.C. Circuit petition once the Tenth Circuit addresses any jurisdictional challenges.