Attorneys for six farm and biofuel organizations filed papers Monday challenging 31 Small Refinery Exemptions granted by the EPA. The pro-ethanol coalition says EPA lacked the authority to issue the exemptions and that it acted in an arbitrary and capricious manner.
The legal briefs represent the Renewable Fuels Association, Growth Energy, the National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union.
Four of the six biofuels supporters won a decision from the same court earlier this year with similar circumstances. The 10th District Circuit Court panel confirmed that the only small refineries that are “eligible for extensions are ones that submitted meritorious hardship petitions each year.
