White House inaction on SRE ruling signals victory for biofuels

The deadline for the Trump Administration to appeal a 10th Circuit Court ruling that struck down certain small refinery exemptions under the Renewable Fuel Standard has passed.

American Coalition for Ethanol CEO Brian Jennings tells Brownfield that’s cause for celebration.

“The midnight deadline upon which EPA and the Department of Justice could appeal our victory on the small refinery exemption case in the 10th Circuit came and went, and no appeal was filed. So we’re taking that absolutely as a victory.”

He says the refineries involved in the case are appealing.

“So the 10th Circuit will have to decide whether they allow for a rehearing or not. We don’t think they will.”

ACE is now looking for the precedent set by the 10th Circuit to be applied nationwide.

“And if they do that, it’s going to dramatically reduce the number of these refinery waivers in the future.”

Jennings says an announcement on whether the EPA will apply the ruling nationwide could come any day.

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