Ergon Renewable Fuel Decision Sent Back to EPA on Appeal (1)

A denied petition for a renewable fuel production exemption must be sent back to the EPA a second time for reconsideration, a federal appeals court decided Tuesday.

The Environmental Protection Agency’s renewable fuel standard program requires refineries to dedicate a certain percentage of their fuel production to renewable fuels. Although the EPA allows exemptions for small refineries, the agency denied a 2016 application for an exemption for Ergon-West Virginia Inc.’s refinery in Newell, W.Va.

The U.S. Court of Appeals for the Fourth Circuit previously overturned and remanded that decision to the agency, calling it arbitrary and capricious.

After the denial ...