GAO finds RFS waiver denials not subject to CRA

February 13, 2023
The Government Accountability Office (GAO) has found EPA’s June decision to deny 69 requests from small refiners for waivers from renewable fuel standard (RFS) biofuel blending obligations is not a “rule,” and therefore not eligible for reversal under the Congressional Review Act (CRA). In a Feb. 9 decision , GAO finds that under the Administrative Procedure Act (APA), EPA’s denial of the waivers, or small refinery exemptions (SREs), cannot be scrapped using the CRA. The finding, first reported by Politico...


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