D.C. Circuit Leaves Door Open For RFS Small Refiner Waiver ‘Reallocation’

A recent federal appellate ruling appears to have left the door open to the Trump administration’s planned prospective “reallocation” of waived biofuel production under the renewable fuel standard (RFS) to compensate for blending mandates waived for small refiners, though such a policy is universally opposed by the oil sector. In its Sept. 6 unanimous per curiam opinion in American Fuel and Petrochemical Manufacturers (AFPM) v. EPA, et al. , the U.S. Court of Appeals for the District of Columbia...