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Court Vacates Midnight Refinery Exemptions

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Biofuel groups hailed an order from the Tenth U.S. Circuit Court of Appeals vacating three small refinery exemptions granted to Sinclair the day before President Biden’s inauguration. The decision came promptly after the Environmental Protection Agency filed a petition asking the court to overturn the waivers on April 30. Sinclair responded on May 18 that it didn’t oppose the EPA request.

“We’re pleased the court has vacated these improperly granted waivers and is sending them back to EPA for reconsideration,” says Renewable Fuels Association President and CEO Geoff Cooper. “If these exemptions had been allowed to stand, they would have erased RFS blending requirements for 260 million gallons of low-carbon renewable fuels.”

He says it would also have destabilized rural communities and been a big step backward in the fight against climate change.

National Corn Growers Association President John Linder says, “We look forward to working with EPA Administrator Michael Regan to uphold the Renewable Fuel Standard and appreciate his early action to change the EPA course when it comes to waivers.”