D.C. Circuit Explains Vacating EPA’s Renewable Fuel Decisions

The D.C. Circuit made public its opinion that vacated the Environmental Protection Agency’s decision rejecting small refineries’ exemption requests from renewable fuel obligations under the Clean Air Act.

“Although EPA has a measure of flexibility when implementing the [Renewable Fuel Standard] program and its exemptions, EPA’s interpretation in the Denial Actions goes beyond its statutory discretion and conflicts with the plain meaning of the CAA,” the US Court of Appeals for the D.C. Circuit said in its opinion made available on Wednesday.

Sinclair Wyoming Refining Co. challenged the EPA’s April 2022 order that denied small refineries their requested exemptions from the ...