EPA Must Exempt Wyo. Refineries From Biofuel Rules

Law360, New York (August 15, 2017, 6:48 PM EDT) -- The Tenth Circuit on Tuesday reversed an EPA decision that refused to give two small refineries an exemption to the Renewable Fuel Standards portion of the Clean Air Act, saying the agency exceeded its authority by using an extreme definition of when oil operations can skip the fuel requirements.

In an opinion vacating and remanding the U.S. Environmental Protection Agency's decision not to excuse Sinclair Wyoming Refining Company's two Wyoming refineries from the regulations, the panel rejected the agency's high bar for smaller operations to receive a "hardship exemption" that requires compliance to threaten a refinery's existence and ongoing survival as...

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