EPA switches stance to support Tenth Circuit’s Renewable Fuels Association Decision
The US Environmental Protection Agency (EPA) announced that, after careful consideration of the 2020 decision of the US Court of Appeals for the Tenth Circuit in
Renewable Fuels Association et al. v. EPA, 948 F.3d 1206 , EPA now supports that court’s interpretation of the renewable fuel standard (RFS) small-refinery provisions.
This conclusion, prompted by a detailed review following the Supreme Court’s grant of certiorari in the case, represents a change from EPA’s position before the Tenth Circuit. The change reflects the Agency’s considered assessment that the Tenth Circuit’s reasoning better reflects the statutory text and structure, as well as Congress’s intent in establishing the RFS program.