D.C. Circuit’s RFS Ruling Scrambles EPA’s Small Refiner Waiver Policy

The U.S. Court of Appeals for the D.C. Circuit has released a redacted version of its recent sealed ruling vacating most of EPA’s denials of dozens of compliance waivers for small refineries from renewable fuel standard (RFS) biofuel blending mandates, a decision that upends EPA’s current policy that all-but excludes the possibility of future waivers. The opinion, initially issued under seal in Sinclair Wyoming Refining, et al. v. EPA, et al. July 26, then re-issued in redacted form Aug...