A challenge appears in the making to a ruling by the Denver Federal Appeals Court that was against small refinery operators including one in southern Oklahoma.
The three operators who lost the biofuels case in the 10th Circuit Court of Appeals reportedly will ask the court for an en banc hearing of the case that voided their exemptions from the Renewable Fuel Standard.
One is the Wynnewood Refining company owned by Carl Icahn. The other is HollyFrontier, owner of refineries in Tulsa and other cities. They asked the court last week to seal their petitions for rehearing.
Observers say that’s a signal they intend to file an appeal before a March 24 deadline. President Trump has been asked by oil-state members of congress to have the EPA challenge the court ruling.