The biofuel industry and the Environmental Protection Agency and oil refineries have laid out their arguments to the U.S. Supreme Court on granting refinery exemption extensions under the Renewable Fuel Standard.
Christopher Michel with the Department of Justice says refineries must consistently hold exemptions. “But if a small refinery no longer has the exemption, it cannot obtain an extension. EPA cannot grant something that does not exist. That is the ordinary, common sense meaning of the statutory text,” Michel says.