Biofuels Coalition Welcomes Amicus Briefs in Supreme Court RFS Case

March 31, 2021

Biofuels Coalition Welcomes Amicus Briefs in Supreme Court RFS Case

Mar 31, 2021

Key Issues:Ethanol

Author: Ken Colombini

The Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol (collectively referred to as the “Biofuels Coalition”) thanked the states of Iowa, Nebraska, Illinois, Michigan, Minnesota, Oregon, South Dakota, and Virginia for filing an amicus curiae brief in the Supreme Court today in support of the Coalition’s arguments in HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al. The Coalition also expressed its appreciation to the other biofuel and agriculture groups that filed amicus briefings in support of the biofuels industry.


HollyFrontier and other refiners are asking the Supreme Court to overturn the January 2020 ruling of the U.S. Court of Appeals for the Tenth Circuit in Renewable Fuels Association (RFA) v. EPA, in which the court found EPA exceeded its authority in granting certain small refinery waivers. Recognizing that “the renewable fuel and agriculture industries are the cornerstone of the economies of many states,” today’s brief from the states concludes that “the judgment of the court of appeals should be affirmed.”


“These industries—and the rural economies that they anchor—have grown over the past 16 years in reliance on the promise of the Renewable Fuel Standard,” according to the states’ brief. “And all States have an interest in the environmental benefits and energy independence that the RFS promises to achieve.  But the Environmental Protection Agency’s recent trend of freely granting small-refinery exemptions has undermined these promises.”


Commenting on the amicus briefings filed today, RFA, NCGA, NFU, and ACE offered the following statement:


“The biofuels respondents appreciate the support of the broad array of interests that have been harmed by these unauthorized small refinery exemptions.  As the filings make clear, the exemptions have had a devastating effect on rural economies and on the demand for all types of renewable fuels.  We remain hopeful that the Supreme Court will affirm the Tenth Circuit’s well-reasoned decision, and we are very grateful that these states and other renewable fuel and agriculture interests have stepped up to endorse the decision as well.”