5th Circuit Stays Refiners’ RFS Mandates, Citing ‘Retroactive’ Waiver Denial

A regional appeals court has stayed renewable fuel standard (RFS) obligations for two small refiners, warning EPA it faces likely defeat over the agency’s “retroactive” policy of denying all requests for RFS waivers from small refiners, at least with regard to past compliance years, and raising the possibility of a clash between judicial circuits. The U.S. Court of Appeals for the 5th Circuit in a Jan. 27 order granted requests by small refiners for a stay of RFS compliance obligations...