The EPA announcement March 27 that it would “develop an appropriate implementation and enforcement response to the 10th Circuit’s decision in RFA [Renewable Fuels Association] v. EPA once appeals have been resolved and the court’s mandate has been issued,” has been greeted with criticism by RFA.
The EPA statement is an “attempt to kick the can on nationwide application of the 10th Circuit Court decision has nothing to do with COVID-19 and everything to do with politics,” RFA President and CEO Geoff Cooper said in a statement. “There is absolutely no reasonable justification for delaying implementation of the court’s decision. The court has already ‘issued a mandate’ and remanded three improperly granted exemptions back to the agency to resolve.”
While labeling EPA’s decision to not appeal the court decision a correct one, Cooper said that equated to a decision that they will abide by the ruling. “What are they waiting for,” he asked.
Rehearing of the case at the behest of the refiners affected by the ruling is unlikely to see the matter overturned, Cooper stressed. “There is no rationale for EPA to wait for the courts to respond to the refiners’ hollow request for a rehearing before moving forward with adoption of the decision. In any event, given the unanimous and thoughtful decision by the 10th Circuit panel that heard the case, we are confident that the ruling is going to be upheld,” he said.
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