In August 2017, the 10th U.S. Circuit Court of Appeals in Denver ruled that the EPA was too strict in granting exemptions for small refineries under the Renewable Fuel Standard (RFS). Such an exemption is allowable if a petitioning refinery can demonstrate that compliance with RFS obligations will impose "disproportionate economic hardship" in the year for which it is requested. The court decided that the EPA was overzealous in applying that rule by following a standard that denial of an exemption in a given year would threaten the long-term survival of the refinery. It determined that using such a standard as the only or primary measure was too stringent and outside the EPA’s statutory authority. Per the 2005 Energy Policy Act, the...

TAGS – North America, Biofuels