Justices Question Refiners' Bid For Biofuel Exemption Leeway

Law360 (April 27, 2021, 6:17 PM EDT) -- U.S. Supreme Court justices on Tuesday appeared skeptical of small refiners' arguments that they can extend previously expired exemptions from federal biofuel requirements, a position opposed by biofuel producers and the Biden administration.

Refiners HollyFrontier Corp. and CVR Energy Inc. want the high court to undo the Tenth Circuit's voiding of their small-refinery economic hardship exemptions from renewable fuel blending requirements handed out by the U.S. Environmental Protection Agency, exemptions that were challenged by biofuel industry groups.

But during oral arguments Tuesday, several justices questioned the refiners' assertion that the Clean Air Act provisions covering Renewable Fuel Standard allows the EPA...

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