WASHINGTON, D.C.—This week, Growth Energy, the nation’s largest biofuel trade association, filed two petitions for rehearing with the U.S. Court of Appeals for the D.C. Circuit regarding the Court’s decision – unsealed in August – on small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS).
The first petition seeks to have the court correct errors that led to its rejection of the U.S. Environmental Protection Agency’s (EPA) decision to deny several oil refiners’ SRE petitions. The second petition asserts Growth Energy’s standing to challenge EPA’s decision to excuse some of those same refiners from RFS biofuel blending obligations.
“These petitions are consistent with how the RFS should work,” said Growth Energy CEO Emily Skor. “Congress clearly intended for SREs to provide rare relief for refineries, and only those seeking to comply in good faith with their RFS blending obligations. If the D.C. Circuit’s opinion stands, guardrails to ensure good faith compliance will disappear, allowing refineries to gamble on RIN markets, pocket any windfalls, and lean on the U.S. government when those gambles don’t go their way.”
Skor stated further that it’s clear that Growth and other biofuels producers have standing to participate in RFS disputes, including disputes about SREs. “Every SRE granted by EPA directly and negatively impacts biofuels blending, biofuels production, and our industry’s bottom line,” she added. “That type of competitive injury can’t be ignored, and we deserve to be able to protect our members’ interests in court.”