The Trump Administration recently chose to not appeal a decision by the U.S. Court of Appeals for the Tenth Circuit that struck down certain small refinery exemptions (SRE) under the Renewable Fuels Standard.
“We are pleased to see the administration has not filed to appeal for an en banc hearing by the Tenth Circuit. While this is a win for our members, our fight is not over. Refiners have filed a request to appeal the January decision, and the Trump administration can still file to appeal in the Supreme Court,” said Patty Mann, president of the Ohio Corn & Wheat Growers Association. “Because of these realities, our team at Ohio Corn & Wheat will remain vigilant on this issue and keep our members engaged with their elected officials.”
The original challenge was brought against EPA in May 2018 by the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol, and National Farmers Union in response to the massive demand destruction caused by the Agency’s illegal and indiscriminate use of SREs. In the wake of the decision to not to seek a re-hearing of the Renewable Fuels Association et al. v. EPA decision, the four groups called upon the EPA to immediately apply the court decision nationwide.
“Ohio farmers stepped up and took concrete actions to hold the Administration and the U.S. EPA accountable. From making calls to legislators, personally visiting elected officials, and sending comments to President Trump and the EPA, OCWGA made this the reality: these illegally granted waivers must end,” said Tadd Nicholson, executive director at Ohio Corn & Wheat Growers Association. “The decision to not appeal this ruling is a clear signal that OCWGA’s calls-to-action and advocacy efforts make a difference.”