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Court Vacates Last-Minute RFS Waivers

Producers say waivers reduced biofuel demand by 4 billion gallons over past few years


The federal appeals court that greatly restricted access to “hardship” exemptions from the U.S. ethanol mandate in 2020 granted an EPA request on Wednesday to cancel three exemptions issued on President Trump’s final day in office, reports Successful Farming.

After the Biden administration took office, the EPA said the waivers had been issued without analysis of whether they were appropriate.

Ethanol makers say the waivers have reduced biofuel demand by roughly 4 billion gallons over the past few years. The number of EPA waivers surged under the Trump administration.

The appellate court order is available here.

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