News & Analysis as of

Renewable Fuel Refineries

Vinson & Elkins LLP

D.C. Circuit Forces EPA to Confront Reality of Economic Impacts of RFS on Small Refiners

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On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more

Holland & Knight LLP

Small Refinery Exemption Litigation Update

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In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into the intricacies of ongoing litigation surrounding small...more

Bergeson & Campbell, P.C.

GAO Recommends EPA and DOE Improve Decision-Making in Small Refinery Exemption Program

The U.S. Government Accountability Office (GAO) published a report on November 3, 2022, entitled Renewable Fuel Standard: Actions Needed to Improve Decision-Making in the Small Refinery Exemption Program. The Renewable Fuel...more

Bergeson & Campbell, P.C.

EPA Publishes Final Rule Regarding Optional Alternative RIN Retirement Schedule for Small Refineries

The U.S. Environmental Protection Agency (EPA) published a final rule on September 2, 2022, establishing an optional alternative renewable identification number (RIN) retirement schedule for small refineries under the...more

Vinson & Elkins LLP

EPA Issues Broad Updates to Renewable Fuel Standards Program: 5 Things to Know

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The Environmental Protection Agency (“EPA”) has recently finalized volumes for compliance years 2020, 2021, and 2022 under the Clean Air Act (“CAA”)’s renewable fuel standard (“RFS”) program and took several other related...more

Husch Blackwell LLP

Renewable Fuel Standard Update: Recent EPA Activity Drives RIN Value

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On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) released its proposed 2020, 2021, and 2022 Renewable Volume Obligations (“RVOs”). RVOs determine the amount of renewable fuel (typically, ethanol) certain...more

Bergeson & Campbell, P.C.

EPA Proposes Denial Of Undecided/Pending Small Refinery Exemption Petitions

On December 14, 2021, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to deny all undecided/pending small refinery exemption petitions under the Renewable Fuel Standard (RFS) program. ...more

Vinson & Elkins LLP

EPA Reduces Renewable Fuel Standard Targets But Takes a Hard Line on Small Refinery Waivers

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On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) proposed the long-awaited and much anticipated renewable fuel targets for 2020, 2021, and 2022 under the federal Clean Air Act’s (“CAA”) Renewable Fuel...more

Foley Hoag LLP - Energy & Climate Counsel

D.C. Circuit 2019 RVO Decision is a Mixed Bag for Biofuels

The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA’s ability to grant...more

Vinson & Elkins LLP

Not Dead (Yet?): After HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, The Renewable Fuels Standard’s...

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In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth...more

Kelley Drye & Warren LLP

Supreme Court Upholds EPA's Extension of Renewable Fuel Program Extensions

On June 25, 2021, the Supreme Court decided HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, et al., Slip Op. 20-472 (June 25, 2021), which concerned small refiners’ eligibility for hardship exemptions...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association

On June 25, 2021, the U.S. Supreme Court decided HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association, No. 20-472, holding that a small refinery can apply for a hardship exemption from the Environmental...more

McGlinchey Stafford

Big Win For Small Refineries

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On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2021

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TransUnion LLC v. Ramirez, No. 20-297: This standing case concerns a class of individuals that sued TransUnion, a credit reporting agency, under the Fair Credit Reporting Act. The allegations concerned TransUnion’s add-on...more

King & Spalding

EPA’s 2020 Renewable Fuel Standard Adopts New Methodologies That Diverge from Prior Interpretations

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On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more

Faegre Drinker Biddle & Reath LLP

Small Refinery Exemptions Fight Makes Way to Congress

On October 30, the House Energy & Commerce Committee held a hearing entitled, “Protecting the RFS: The Trump Administration’s Abuse of Secret Waivers.” The hearing was an opportunity for the committee to wade into the ongoing...more

Bergeson & Campbell, P.C.

U.S. Senators Express Concerns About RFS Program To President Trump

On June 28, 2019, 13 U.S. Senators signed a letter to President Donald J. Trump expressing concerns about media reports that USDA Secretary Sonny Purdue is attempting to influence EPA decisions on small refinery waivers under...more

Dorsey & Whitney LLP

Ploughing the Same Furrow: EPA Proposes 2017 Renewable Fuel Volumes Using the Methodology From its Previous Rule

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On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more

Bergeson & Campbell, P.C.

EPA Methodology For Small Refinery Exemption Upheld

On June 2, 2015, federal appellate judges decided that EPA's methodology for evaluating small refineries (those with crude oil throughput averaging 75,000 barrels or less per day) for exemptions from the RFS program was fair....more

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