WASHINGTON, D.C. – Growth Energy welcomed news that, despite the Trump administration’s previous view of the 10th Circuit’s interpretation of small refinery exemption (SRE) eligibility under the RFS, the current U.S. Environmental Protection Agency (EPA) did not file a brief supporting that position by the Supreme Court’s deadline in HollyFrontier today. In response, Growth Energy CEO Emily Skor issued the following statement:
“We are pleased to see the Biden EPA signal support for the 10th Circuit’s ruling and repudiate the prior administration EPA’s misguided attempt to distort the plain language of the RFS to serve oil industry interests at the expense of America’s biofuel producers and farmers.”
HollyFrontier v. Renewable Fuels Association (Case No. 20-472) is challenging the Tenth Circuit decision (Renewable Fuels Association v. EPA, Case No. 18-9533). In January 2020, the lower court rightly found that the plain language of the Renewable Fuel Standard (RFS) required refineries to have been granted small refinery exemptions (SREs) in all prior years as a condition of eligibility for any additional SREs.