A federal court dismissed one of the multiple lawsuits challenging the Environmental Protection Agency’s use of small refinery exemptions.
The Washington, D.C., District Court of Appeals said in its ruling that the Advanced Biofuels Association didn’t “identify a final agency action” in the lawsuit it filed back in May of 2018.
The biofuels group said the EPA was exceeding its authority when it granted a larger number of waivers under the Renewable Fuels Standard to small oil refineries.
A DTN report says even though the court threw out the case, it did note that the industry concerns raised by the group seem valid.
“To be sure, the EPA’s briefing and oral argument paint a troubling picture of intentionally shrouded and hidden agency law that could have left those troubled by the agency’s actions without a viable avenue for judicial review.”
The EPA has granted a total of 85 waivers since 2016. Those waivers accounted for 4.04 billion gallons of biofuels that weren’t blended into the nation’s fuel supply.
The EPA is currently seeking public comment on its proposal to account for gallons waived in the 2020 RFS volumes proposal, which biofuel and agricultural groups are not in favor of.