SCOTUSblog by James Romoser 6/25/2021
The Supreme Court ruled Friday in favor of oil refineries seeking exemptions from a federal program that requires renewable fuels to be blended into gasoline and diesel. Justice Neil Gorsuch wrote the opinion in Hollyfrontier Cheyenne Refining v. Renewable Fuels Association.
The case involved the Renewable Fuel Program, which Congress created in 2005 and expanded to its current form in 2007. Congress gave small refineries a temporary exemption from the program’s requirement to use increasing amounts of renewable fuels. In addition, it gave the Environmental Protection Agency the authority to grant “extensions” of that exemption in certain circumstances. The question in Hollyfrontier was whether a refinery can obtain an “extension” of an exemption if that exemption lapsed in a previous year.
The refineries argued that the text of the relevant statute – 42 U.S.C. § 7545(o)(9) – allowed them to extend prior exemptions even if those exemptions were no longer in effect. Renewable-fuel producers disagreed, arguing that refineries must have a continuous, unbroken exemption in order to be eligible for an extension.
In a 6-3 decision, the court sided with the refineries.
More:
https://www.scotusblog.com/2021/06/oil-refineries-win-battle-over-renewable-fuel-exemptions/
