10th Circuit's Small Refiner Ruling Signals Circuit Split On EPA Deference

The U.S. Court of Appeals for the 10th Circuits' recent 2-1 ruling scrapping EPA's decision to deny a small refiner a renewable fuel standard (RFS) exemption relies in part on a 1944 Supreme Court test for when courts should defer to agencies' decisions, signaling a split with other circuits that use the high court's 1984 Chevron deference test. The potential division could give the Supreme Court an opening to take up a suit to resolve any differences between circuits...