EPA Backs 10th Circ. Biofuel Ruling Amid High Court Review

Law360 (February 22, 2021, 7:17 PM EST) -- The U.S. Environmental Protection Agency on Monday said the Trump administration wrongly allowed some small petroleum refineries that complained of economic hardship to dodge renewable fuel blending requirements, reversing course and siding with the Tenth Circuit's decision last year to strike down the exemptions.

A pair of petroleum refiners that run operations in Oklahoma, Utah and Wyoming were granted the economic hardship exemptions during the Trump administration, but the appeals court later voided them, saying they were inappropriately categorized as extensions of pre-existing exemptions. 

Any previous exemptions had expired, and the agency wrongly based its economic hardship analysis on factors that weren't...

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