Inside EPA - 11/01/2019

D.C. Circuit Likely To Reject RFS Waiver Suit But Might Grant Future Cases

October 25, 2019
The U.S. Court of Appeals for the District of Columbia Circuit appears primed to dismiss on procedural grounds advanced biofuels makers’ suit over EPA’s renewable fuel standard (RFS) small refiner waiver policy, but the court is also indicating that it is likely to rule on the merits of the waiver policy in upcoming litigation. At oral argument Oct. 25, a three-judge panel of Judges Patricia Millett and Gregory Katsas, and Senior Judge David Sentelle, made clear their intent to dismiss...

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