ATLANTA–The U.S. Court docket of Appeals for the eleventh Circuit dismissed Hunt Refining Firm v. U.S. Environmental Safety Company (EPA) in the present day, ruling that the small refinery exemption (SRE) problem introduced by Hunt below the Renewable Gas Commonplace (RFS) couldn’t be heard by the courtroom and will as a substitute be heard by the U.S. Court docket of Appeals for the D.C. Circuit. Progress Vitality CEO Emily Skor issued the next assertion in response:
“The eleventh Circuit validated what we already knew: EPA’s denials of those SRE petitions have been ‘nationally relevant’ and have nationwide impact, and challenges to the denials ought to solely have been introduced within the D.C. Circuit. Each time refiners search to take RFS gallons out of {the marketplace}, that doubtlessly impacts your entire renewable fuels market, irrespective of the place these gallons are blended. The eleventh Circuit rightly eliminated itself from reviewing these challenges and averted contributing to a possible patchwork of inconsistent requirements. We welcome this determination and hope it has an affect on different circumstances nonetheless pending earlier than different courts.”