EPA Cites RFS Waivers’ ‘National’ Scope In Bid To Block 10th Circuit Suit

EPA is seeking to dismiss a refiner’s lawsuit faulting its rejection of a renewable fuel standard (RFS) compliance waiver, arguing the regional appellate suit belongs in the U.S. Court of Appeals for the District of Columbia Circuit because of the policy’s “national applicability,” reversing EPA’s previous tactics in challenges to its small refiner waivers. In a Sept. 19 motion with the 10th Circuit, EPA seeks to dismiss Sinclair Wyoming Refining Co. v. EPA , arguing that the “final action” challenged...