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D.C. Circuit Court Stays Last-minute EPA Waivers

The U.S. Court of Appeals for the D.C. Circuit ordered a temporary block to last-minute small refinery waivers issued by the Trump administration. 

The stay is in response to an emergency motion filed Tuesday evening by the Renewable Fuels Associations. 

Thursday, the court ordered that the Environmental Protection Agency action to grant three small refinery petitions must be “administratively stayed pending further order of the court.” 

The order prevents EPA from further processing the small refinery exemptions, at least until the court has had “sufficient opportunity to consider the emergency motion for stay.” 

EPA has until February 3 to respond to the motion, and any replies are due to the court by February 10. 

The stay was issued roughly 36 hours after EPA approved two 2019 waiver petitions and one 2018 petition, which—if allowed to stand—would waive another 260 million gallons of Renewable Fuel Standard blending requirements. 

RFA President and CEO Geoff Cooper says, “We took this action immediately to prevent the agency from doing further economic damage.”

(Story Courtesy of the NAFB News Service)



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