Judges Split On ‘Finality’ Of EPA Email In Sinclair RFS Waiver Denial Case

May 18, 2023
Judges on the U.S. Court of Appeals for the 10th Circuit at May 17 oral argument appeared split on whether an EPA staffer’s email constitutes “final agency action” that refiner Sinclair can sue over in its bid to force EPA to “replace” renewable fuel standard (RFS) compliance credits for 2018, suggesting the company may struggle to reach the merits of its case. In Sinclair Wyoming Refining Company v. EPA , the refiner claims it is owed credits, known as renewable...

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