Justices Told Refineries Can't Reclaim Biofuel Exemptions

Law360 (March 25, 2021, 3:15 PM EDT) -- Biofuel advocates — and their newly found ally in the U.S. Environmental Protection Agency — have urged the U.S. Supreme Court to affirm that small refineries can't extend lapsed waivers that granted them a temporary pass from having to blend renewable fuels into their products. 

The EPA and the coalition of biofuel advocates — the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol and National Farmers Union — fought the exemptions given to some small refineries in two briefs filed Wednesday. The agency and coalition told the justices the Tenth Circuit got it right when it imposed a continuity...

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