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Ethanol and farm groups react to court decision on Small Refinery Exemptions

The 10th Circuit Court struck down three small refinery exemptions Friday, and the ethanol industry is reacting positively to that court decision.  The court says the EPA overstepped its authority when issuing small refinery waivers to CVR Refining and HollyFrontier.

Brian Jennings with the American Coalition for Ethanol says there’s more work ahead. “Eighty-five refinery exemptions have been granted from 2016 through 2018. This case only vacates three of those.”

Geoff Cooper with the Renewable Fuels Association tells Brownfield this decision gives the ethanol industry an opportunity to fight back against the other small refinery exemptions. “The three exemptions that the court is vacating and basically overturning were for 2016 and so we think the same logic that applied to those three inappropriately given exemptions would apply to dozens more that were illegally handed out by EPA in the last few years.”

Anne Steckel with National Farmers Union tells Brownfield this is a positive step for farmers and ethanol. “We’re looking forward to the next steps and, you know really, I think it is… it can be precedent-setting for what can happen in the future for the small refinery exemptions.”

Steckel says EPA hasn’t issued their 2019 small refinery exemptions yet, and she’s optimistic this court decision will make EPA re-examine their process for granting waivers.

National Corn Growers Association President Kevin Ross says he’s optimistic this decision will put an end to the demand destruction caused by waivers and keep the RFS back on track.

Anne Steckel with National Farmers Union discusses the 10th Circuit Court’s decision on SRE’s with Brownfield’s Larry Lee
Brian Jennings with the American Coalition for Ethanol discusses the 10th Circuit Court’s decision on SRE’s.
Geoff Cooper with the Renewable Fuels Association discusses the 10th Circuit Court’s decision on SRE’s.

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