Source: Renewable Fuels Association news release
The Renewable Fuels Association and Growth Energy released the following statement after the Supreme Court issued its opinion that the U.S. Court of Appeals for the D.C. Circuit is the proper venue for legal challenges to small refinery exemption (SRE) decisions.
To view their opinion
click here.
"Today's decision is a victory for the American biofuels industry and for the rural communities that depend on a strong Renewable Fuels Standard. The Court agreed with our argument that the D.C. Circuit is the only appropriate venue for litigation on EPA's small refinery exemption decisions.
"Because the Renewable Fuel Standard is a national program and SREs have nationwide impacts, any challenges to SRE decisions belong squarely in the D.C. Circuit. Allowing 12 different Circuit Courts to adjudicate SREs would result in a fractured and inconsistent body of law, causing chaos and confusion in the marketplace.
"The court's opinion today gives farmers and ethanol producers much greater certainty about SRE litigation under the Renewable Fuel Standard, which continues to be one of the nation's most successful clean energy programs."
Background
In March, RFA and Growth Energy presented oral arguments to the Supreme Court on this case, jointly petitioning on EPA's behalf and urging the court to reject the argument by refineries that would allow them to "forum shop" for more favorable venues to challenge recent SRE denials despite clear direction from Congress that those decisions should be adjudicated in the U.S. Court of Appeals for the D.C. Circuit.
To view their comments
click here.
The Supreme Court granted certiorari from an outlier ruling by the U.S. Court of Appeals for the Fifth Circuit, which held that challenges to the SRE denials at issue were properly brought before it.
To view that ruling
click here.
Numerous other circuit courts had disagreed, finding instead that the D.C. Circuit is the proper venue for these SRE challenges and creating the "circuit split" on venue that the Supreme Court is resolving here.
About the RFA Since 1981, the Renewable Fuels Association has been the leading trade association for America's ethanol industry, working to drive expanded demand for American-made renewable fuels and bioproducts worldwide.