The U.S. Department of Justice filed a recommendation against a Supreme Court review of the Tenth Circuit Court’s ruling that invalidated several EPA small refinery exemptions under the Renewable Fuel Standard. The DOJ filing comes in response to a petition submitted by HollyFrontier Corporation and CVR Energy, in which the oil refiners ask the Supreme Court to review the Tenth Circuit’s January decision. The petitioners in the original Tenth Circuit Court challenge welcomed the government’s brief opposing a potential Supreme Court review of the appeals court decision. The Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol will all file briefs with the Supreme Court this week. In January, the Tenth Circuit invalidated three exemptions the Environmental Protection Agency issued in 2016 and 2017 because it found the EPA had no authority to extend exemptions that had already lapsed in prior years and because EPA based the exemptions on economic hardships that were not caused by compliance with the RFS. The Justice Department says in its brief that, “The issue didn’t warrant the high court’s review and stated that the refiners’ petition asking for a review ‘should be denied.’”
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