In oral arguments scheduled for Tuesday morning, four agriculture and biofuel organizations will argue that the U.S. Supreme Court should affirm a unanimous 2020 decision from the U.S. Court of Appeals for the Tenth Circuit.
The Tenth Circuit decision held that only small refineries that have remained continuously exempt from obligations under the Renewable Fuel Standard are eligible for future extensions of the compliance exemption.
The four organizations comprising the Biofuels Coalition—the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol—will share time during Tuesday’s oral arguments with the U.S. Department of Justice, which will be representing the U.S. Environmental Protection Agency.
EPA announced in February that it supports the Tenth Circuit’s decision. The coalition claims that the EPA had exceeded its authority in creating new exemptions, stating, “The Tenth Circuit Court’s ruling is consistent with the Clean Air Act, congressional intent, and the purpose of the RFS.”