D.C. Circuit Panel Doubts EPA Basis For RFS Refinery Waiver Denials

Correction Appended Judges on the U.S. Court of Appeals for the District of Columbia Circuit appear to doubt EPA’s basis for denying dozens of economic hardship waivers for small refineries from renewable fuel standard (RFS) compliance, questioning the agency’s cost “passthrough” theory and specifically its requirement for “ratable” surrender of RFS credits. At oral argument April 16 in Sinclair Wyoming Refining, et al. v. EPA, et al., Judges Nina Pillard, Neomi Rao and Florence Pan pressed attorneys for...