Growth Energy and the Renewable Fuels Association (RFA) have filed their opening brief in the U.S. Supreme Court case Environmental Protection Agency v. Calumet Shreveport Refining, LLC, challenging the Fifth Circuit Court of Appeals' decision on the proper venue for adjudicating small refinery exemption (SRE) denials under the Renewable Fuel Standard (RFS).
The biofuel groups argue that challenges to the Environmental Protection Agency's (EPA) SRE petition denials should be heard exclusively in the U.S. Court of Appeals for the D.C. Circuit. They contend that EPA's SRE policy is "nationally applicable" and "based on a determination of nationwide scope or effect," making the D.C. Circuit the appropriate venue.
Key points from the brief include:
- EPA has established "general standards" for adjudicating SRE petitions that apply nationwide.
- These standards affect obligations for all refineries and renewable fuels producers across the country.
- The biofuel groups argue that allowing regional circuit courts to hear these cases could lead to inconsistent legal precedents and market uncertainty.
In a joint statement, Growth Energy and RFA emphasized, "EPA's actions in response to these SRE petitions reflect quintessentially national concerns that are well within EPA's authority to protect. Oil industry interests should not be allowed to upend Congress's carefully crafted judicial review process."
