WASHINGTON, D.C.—This week, Development Power, the nation’s largest biofuel commerce affiliation, filed two petitions for rehearing with the U.S. Courtroom of Appeals for the D.C. Circuit relating to the Courtroom’s determination – unsealed in August – on small refinery exemptions (SREs) underneath the Renewable Gas Commonplace (RFS).
The first petition seeks to have the courtroom right errors that led to its rejection of the U.S. Environmental Safety Company’s (EPA) determination to disclaim a number of oil refiners’ SRE petitions. The second petition asserts Development Power’s standing to problem EPA’s determination to excuse a few of those self same refiners from RFS biofuel mixing obligations.
“These petitions are according to how the RFS ought to work,” mentioned Development Power CEO Emily Skor. “Congress clearly meant for SREs to offer uncommon reduction for refineries, and solely these in search of to conform in good religion with their RFS mixing obligations. If the D.C. Circuit’s opinion stands, guardrails to make sure good religion compliance will disappear, permitting refineries to gamble on RIN markets, pocket any windfalls, and lean on the U.S. authorities when these gambles don’t go their manner.”
Skor acknowledged additional that it’s clear that Development and different biofuels producers have standing to take part in RFS disputes, together with disputes about SREs. “Each SRE granted by EPA instantly and negatively impacts biofuels mixing, biofuels manufacturing, and our trade’s backside line,” she added. “That kind of aggressive harm can’t be ignored, and we deserve to have the ability to shield our members’ pursuits in courtroom.”
Learn the primary petition right here and the second right here.