Court Dismisses Challenge to EPA Biofuel-Blending Waivers

May 24, 2019, 5:10 PM

The U.S. Court of Appeals for the D.C. Circuit dismissed biofuel producers’ claims that EPA has wrongly granted refineries exemptions from annual renewable fuel blending quotas well after setting those targets.

A three-judge panel said claims by Producers of Renewables United for Integrity Truth and Transparency were not timely, because the petition wasn’t filed within 60 days of the relevant EPA actions.

The court did not rule on the merits of the underlying claim: “We do not pass on the validity, or the susceptibility to challenge through an appropriate vehicle, of EPA’s decisions to grant ‘extensions’ of exemptions to small ...

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