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Supreme Court picks date for ethanol case

An ethanol court case over Small Refinery Exemptions will be heard by the U.S. Supreme Court April 27th

Renewable Fuels Association President and CEO Geoff Cooper says he is confident the Supreme Court will review the case and affirm the 10th Circuit Court decision in their favor, “which should significantly reduce EPA’s ability to grant Small Refinery Exemptions.”

Cooper says the April oral arguments are just one step in the process. “We’ve got to get through oral arguments at the end of April. We have some paper briefings to file before that, and then we’re still hoping for a decision sometime this summer, most likely in July.”

The Supreme Court announced Friday the case with the RFA, National Corn Growers Association, the American Coalition for Ethanol, and the National Farmers Union versus the EPA will still have arguments, even though the EPA has changed course and now agrees with the plaintiffs that three specific Small Refinery Waivers should not have been granted because their prior exemptions had lapsed. 

The 10th Circuit Court of Appeals ruled 14 months ago against EPA, and that decision was challenged by refiners Wynnewood and HollyFrontier.  The U.S. Justice Department recommended the Supreme Court not hear the case, and make the 10th Circuit’s decision final, but the Supreme Court decided to hear the refiner’s challenge.

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