RFA Asks Fifth Circuit to Rehear SRE Case, Transfer to DC Circuit -- OPIS
2024年1月10日 - 2:32AM
Dow Jones News
The Renewable Fuels Association petitioned the Fifth Circuit
Court of Appeals on Monday to rehear a case from November that
reversed six of the EPA's small refinery exemption denials from
this past summer, arguing that the panel "erred" in declining to
transfer the nationally applicable case over to its proper venue in
the D.C. Circuit Court of Appeals.
The judgment this past fall was the first time a court ruled on
the agency's decision in July to deny 26 petitions for RFS relief,
a move that left only two outstanding petitions from the 2018
compliance year.
The panel, which took on the case after denying an EPA petition
from September to change venue over to the D.C. Circuit, ultimately
found in a 2-1 decision that two key portions of precedent that the
agency relied on in making its determinations were "so implausible
as applied to petitioners that [they] cannot be ascribed to a
difference in view or agency expertise."
Dissenting Judge Patrick Higginbotham, however, argued that the
court "inappropriately" offered a ruling on venue in the months
prior despite the "common sense" reading of the law that the other
four regional courts operated under.
The regional court ruling ultimately affected the six refineries
that filed within that circuit: Allegiance Refining's facility in
San Antonio, Texas; Calumet's refinery in Shreveport, Louisiana;
CVR Energy's in Wynnewood, Oklahoma; Ergon Refining's locations in
Vicksburg, Mississippi, and Newell, West Virginia; and Placid
Refining's refinery in Port Allen, Louisiana.
And since the court remanded those six petitions back to the
EPA, each refinery has continued to operate under temporary small
refinery exemptions offered to them by the court in February.
RFA argued in their court filing Monday that the decision from
September to hear the case in the Fifth Circuit "conflicts" with
precedent on similar matters set within that court itself and in
its sister courts.
And even though the court made that decision citing
refinery-specific data that was considered by EPA when denying
SREs, RFA said, "the core determinations behind the denials--a
statutory interpretation and an economic analysis of a nationwide
market--have nationwide scope and effect."
"Congress designed the Clean Air Act's venue provision to ensure
that issues with national implications are decided with the benefit
of the D.C. Circuit's administrative law expertise and without the
risk of inconsistent judicial determinations creating a patchwork
regulatory scheme," the group said in its petition.
The panel's decision ultimately "contravenes these goals," the
group added, and "narrows the conditions for when transfer to the
D.C. Circuit is required in a manner that is not supported by the
statute or this court's precedent."
This content was created by Oil Price Information Service, which
is operated by Dow Jones & Co. OPIS is run independently from
Dow Jones Newswires and The Wall Street Journal.
--Reporting by Patrick Newkumet, pnewkumet@opisnet.com; editing
by Jordan Godwin, jgodwin@opisnet.com
(END) Dow Jones Newswires
January 09, 2024 12:17 ET (17:17 GMT)
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