WASHINGTON, D.C.—Two prominent biofuel groups—Growth Energy and the Renewable Fuels Association (RFA)—commented on the U.S. Supreme Court’s decision to grant certiorari on petitions pertaining to the administration of small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS), issuing the following joint statement:
“The Fifth Circuit was clearly an improper venue to hear challenges on small refinery exemptions (SREs). Because the Fifth Circuit opinion set up a clear split with several other Circuit courts on the question of venue, this is precisely the sort of issue that the Supreme Court is meant to resolve. The Court has agreed, and we look forward to participating in the case and having this issue settled once and for all.
“The refining community’s abuse of small refinery exemptions destroys demand for biofuels nationwide, which negatively impacts farmers and bioethanol producers regardless of where they operate. The economic and environmental impact of this abuse does not recognize state lines. The decision in this case should strengthen the RFS by giving biofuel producers and their farm partners the certainty they deserve.”
About the RFS
The Renewable Fuel Standard (RFS) was first enacted in 2005 as part of the Energy Policy Act. It was then expanded in 2007 with the passage of the Energy Independence and Security Act. It sets the number of gallons of renewable fuels (like biofuels) that must be blended into the nation’s total fuel supply each year. The RFS remains one of America’s most successful clean energy policies, reducing carbon emissions, offering consumers more affordable options at the pump, and delivering greater energy security for more than 15 years.
About Growth Energy and RFA’s Petition
In May 2024, Growth Energy and RFA jointly petitioned the Supreme Court to overturn an opinion from the U.S. Court of Appeals for the Fifth Circuit regarding EPA’s denials of several SREs under the RFS. In their petition, Growth Energy and RFA argued that challenges to those denials should be adjudicated solely in the U.S. Court of Appeals for the D.C. Circuit, not in regional circuits like the Fifth, which only covers Louisiana, Mississippi, and Texas. In contrast to all other U.S. Courts of Appeals that evaluated this venue issue, the Fifth Circuit concluded that it was the proper venue to hear and rule on these challenges, despite the fact that EPA’s SRE policy is “nationally applicable” and “based on a determination of nationwide scope or effect.”