A coalition of renewable fuel and farm groups expressed “extreme disappointment” in today’s U.S. Supreme Court decision overturning a 2020 appellate court ruling that struck down three improper small refinery exemptions granted by previous EPA administrators. However, because certain elements of the appellate court ruling were left unchallenged and were not reviewed by the Supreme Court, the groups…
Biofuels Coalition Files Brief in Supreme Court Case
Posted on 03/24/2021

SIOUX FALLS, SD – Today, the Renewable Fuels Association, the American Coalition for Ethanol, the National Corn Growers Association and the National Farmers Union, working together as the Biofuels Coalition, filed their response brief in the Supreme Court case HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al. In the brief, the coalition argues in support of the challenged…
Farm, Biofuel Leaders Embrace EPA’s New Position on Tenth Circuit’s Small Refinery Waiver Decision
Posted on 02/22/2021

Today, the U.S. Environmental Protection Agency announced that it is supporting the Tenth Circuit Court’s January 2020 decision in Renewable Fuels Association et al. v. EPA. After careful review of the decision, EPA’s new leadership agrees with both the court and the biofuel litigants that small refinery exemptions were meant to be temporary and that only pre-existing exemptions may be “extended” by…
ACE Reaction to Trump EPA’s Final Refinery Waivers
Posted on 01/20/2021

Sioux Falls, SD (January 20, 2021) – On the eve of President-elect Joe Biden’s inauguration, President Trump’s Environmental Protection Agency (EPA) granted three more small refinery exemption (SRE) requests that were pending under the Renewable Fuel Standard (RFS). Last week, the American Coalition for Ethanol (ACE) sent a letter to the EPA Inspector General encouraging he ensure that all communications…
Tenth Circuit Court Plaintiffs Respond to Supreme Court Action
Posted on 01/11/2021

The U.S. Supreme Court has announced it will review the U.S. Court of Appeals for the Tenth Circuit’s decision in RFA et al. v. EPA, which overturned three inappropriately granted small refinery exemptions under the Renewable Fuel Standard. The following is a statement from the four co-petitioners in the lawsuit: the Renewable Fuels Association, National Corn Growers Association, National Farmers…
EPA, DOJ Oppose Refiner Request for Supreme Court Review of Tenth Circuit Decision on RFS Exemptions
Posted on 12/09/2020

In a filing submitted yesterday, the Department of Justice recommended against Supreme Court review of the Tenth Circuit Court’s ruling earlier this year that invalidated several small refinery exemptions issued by EPA under the Renewable Fuel Standard. The DOJ filing is in response to a petition submitted in September by HollyFrontier Corporation and CVR Energy, in which the oil refiners ask the Supreme…
ACE Welcomes EPA Denying RFS ‘Gap-Filling Petitions,’ Urges Application of Tenth Circuit Decision Nationwide
Posted on 09/14/2020

Sioux Falls, SD (September 14, 2020) – Today, the U.S. Environmental Protection Agency (EPA) announced the Agency is denying the retroactive small refinery exemption (SRE) petitions or so-called ‘gap-filling petitions’ for compliance years 2011 through 2018 under the Renewable Fuel Standard (RFS). The American Coalition for Ethanol (ACE) and industry partners have called on EPA to reject the ‘gap-year’…
Ethanol Coalition Welcomes Reports of ‘Gap-Year’ Waiver Petition Denials, Denounces Refiners’ Supreme Court Petition
Posted on 09/09/2020

Sioux Falls, SD (September 9, 2020) – The Renewable Fuels Association (RFA), National Corn Growers Association (NCGA), National Farmers Union (NFU) and American Coalition for Ethanol (ACE) today welcomed news reports that President Trump has directed the Environmental Protection Agency to reject dozens of so-called “gap year” small refinery exemption petitions intended to circumvent the Tenth Circuit…
ACE: Yet Even More Waiver Requests While a Hurting Rural America Continues to Wait for EPA to Correct its RFS Missteps
Posted on 07/16/2020

Sioux Falls, SD (July 16, 2020) – Today, the U.S. Environmental Protection Agency (EPA) updated its Small Refinery Exemption (SRE) dashboard, disclosing the Agency’s received six more retroactive SRE petitions or so-called ‘gap filings’ for compliance years 2011 through 2016 under the Renewable Fuel Standard (RFS). EPA unveiled in its June update that the Agency had received 52 new retroactive SRE…
Coalition Opposes API Petition on 2020 RFS Obligations
Posted on 05/01/2020

A coalition of ethanol and farm groups today sent a letter to the Environmental Protection Agency opposing the American Petroleum Institute’s recent petition requesting reconsideration of the 2020 Renewable Fuel Standard (RFS) final rule. API claims reconsideration of the 2020 RFS rule is necessary in light of the coalition’s recent Tenth Circuit court victory that overturned small refinery exemptions…