The Renewable Fuels Association and Growth Energy reacted positively after the Supreme Court issued its opinion that the Washington D.C. Circuit Court of Appeals is the proper venue for challenging Small Refinery Exemption decisions. “This is a victory for the American biofuels industry and for the rural communities that depend on a strong Renewable Fuels Standard,” the groups said. “The Court agreed with our argument that the D.C. Circuit court is the only appropriate venue for litigation on EPA’s small refinery exemption decisions.” The groups also said because the Renewable Fuel Standard is a national program and SREs have nationwide impacts, any challenges to SRE decisions belong squarely in the D.C. Circuit. Allowing 12 different Circuit Courts to adjudicate SREs would result in a fractured and inconsistent body of law, causing chaos and confusion in the marketplace. “This gives farmers and ethanol producers greater certainty about SRE litigation,” the groups added.
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