RFA challenges court ruling on small refinery exemptions

  • Renewable Fuels Association petitions Fifth Circuit Court of Appeals to rehear SRE case
  • RFA argues that the case should be transferred to the D.C. Circuit Court of Appeals
  • Court ruling in November reversed six small refinery exemption denials
  • Panel found that two key portions of precedent relied on by the EPA were implausible
  • Dissenting judge argues that the court inappropriately ruled on venue
  • Six refineries affected by the ruling continue to operate under temporary exemptions
  • RFA argues that the decision conflicts with precedent and has nationwide implications

The Renewable Fuels Association (RFA) has petitioned the Fifth Circuit Court of Appeals to rehear a case involving small refinery exemptions (SREs). The case, which was ruled on in November, reversed six of the EPA’s denials of SREs from the summer. RFA argues that the panel erred in not transferring the case to the D.C. Circuit Court of Appeals, which is the proper venue for nationally applicable cases. The court ruling was the first to address the EPA’s decision to deny 26 petitions for RFS relief, leaving only two outstanding petitions from the 2018 compliance year. The panel found that two key portions of precedent relied on by the EPA were implausible, leading to the reversal of the denials. However, dissenting Judge Patrick Higginbotham argued that the court should not have ruled on venue and that the decision goes against the common sense reading of the law. The ruling affected six refineries in the Fifth Circuit, which have continued to operate under temporary exemptions granted by the court. RFA contends that the decision conflicts with precedent and has nationwide implications.

Public Companies:
Private Companies: undefined, undefined, undefined, undefined, undefined, undefined, undefined
Key People: Patrick Higginbotham (Dissenting Judge)

Factuality Level: 7
Justification: The article provides information about the Renewable Fuels Association petitioning the Fifth Circuit Court of Appeals to rehear a case regarding small refinery exemption denials by the EPA. It includes details about the court’s previous ruling, the refineries affected, and arguments made by the RFA. The article does not contain any obvious misleading information or sensationalism, but it lacks context and background information that would provide a more comprehensive understanding of the issue.

Noise Level: 3
Justification: The article provides a detailed account of the Renewable Fuels Association’s petition to rehear a case regarding small refinery exemption denials. It includes information on the court’s previous ruling, the refineries affected, and arguments made by both sides. However, the article lacks scientific rigor, intellectual honesty, and actionable insights. It primarily focuses on legal proceedings and does not provide a broader analysis of the implications or consequences of the case.

Financial Relevance: Yes
Financial Markets Impacted: The article pertains to the Renewable Fuels Association’s petition to the Fifth Circuit Court of Appeals regarding the EPA’s small refinery exemption denials. This could potentially impact companies in the renewable fuels industry.

Presence of Extreme Event: No
Nature of Extreme Event: No
Impact Rating of the Extreme Event: No
Justification: The article discusses a legal petition and court ruling, which does not involve an extreme event.

Reported publicly: www.marketwatch.com