EPA, Refineries Clash Over Exemption Denials’ National Impact

The Fifth Circuit questioned Monday whether the EPA’s decision to deny small-refinery exemptions from the Renewable Fuel Standards program is a nationally applicable decision, which would mean the cases challenging the denials belong in the D.C. Circuit.

The US Court of Appeals for the Fifth Circuit heard oral arguments from the Environmental Protection Agency and small refineries in a dispute over the proper venue for two separate cases.

Judge Patrick E. Higginbotham asked during the first case why it shouldn’t go to the D.C. Circuit, because “on its face, it cries out for a national single response.”

In both cases, ...