The 10th Circuit Court of Appeals in Denver will hear a Renewable Fuels Standard lawsuit challenging EPA’s issuance of small refinery waivers, after the court ruled on Friday it is the proper venue. At the end of May, the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol and National Farmers Union, with support of Farmers Union Enterprises, sued EPA on three recent waivers granted, arguing the agency did not publish in the Federal Register what were final agency actions.
In the petition, the groups said they are challenging agency actions made “under unusually clandestine proceedings” to exempt refineries in Wynnewood, Oklahoma> Cheyenne, Wyoming> and Woods Cross, Utah.