A legal fight is likely if the Environmental Protection Agency, in the final days of the Trump Administration approves any of the 32 pending biofuel waivers request by small refineries such as the Wynnewood Refinery in Oklahoma.
The promise of a fight was made by the Renewable Fuels Association, a group of corn farmers, ethanol makers and supporters of biofuels. Considered to be the top U.S. biofuel trade group, the RFA informed the EPA it will challenge the approval of any of the requests for 2019.
Reuters reported this week it has seen the RFA letter sent to the EPA in which the group vowed to fight any waiver approval. The group contends such waiver approvals would be “premature” since the Wynnewood Refining Company’s challenge of a 10th U.S. Circuit Court of Appeals ruling will be heard by the U.S. Supreme Court.
The challenge also was made by HollyFrontier Corp. which has a refinery in Tulsa. However, HollyFrontier’s challenge applies to two of its refineries, the Woods Cross refinery in Utah and one in Cheyenne, Wyoming.
The challenge was made after the Denver Federal Appeals Court sided with the biofuel supporters who argued waivers for small refineries should not be granted. Refiners are under mandates by the Renewable Fuel Standard to blend billions of gallons of ethanol and other biofuels into their fuel or buy credits from those that do.
Click here for the Reuters story.
