Cooper says recent court rulings on biofuels creates instability, uncertainty

The head of the Renewable Fuels Association says three court rulings in the last month are creating instability in the biofuels industry. “We’ve had more courtroom drama than L.A. Law this last month,” says Geoff Cooper, president and CEO of RFA.

He tells Brownfield rulings on small refinery exemptions (SRE) under the Renewable Fuels Standard (RFS) and EPA’s role in granting oil refiner waivers creates uncertainty. “We’ve seen three important court decisions come out in the last month and participants in the marketplace whether they’re renewable fuel producers, or whether they are fuel blenders, or refiners, or farmers – up and down the supply chain people are wandering what these rulings mean for the future.”

The three court decisions ruled on whether EPA lawfully granted small refinery exemptions to oil refiners who have said they qualify after suffering economic hardship.

Cooper says it’s now up to EPA to “put together a plan of action for addressing these court decisions moving the RFS forward in a way that continues to respect and comply with Congress’s original intent with the program.” 

Cooper says EPA, in the meantime, can determine other SRE petitions and release 2021-22 RFS requirements.

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