“The HollyFrontier decision is certainly a big win for the petroleum industry, which has fought the RFS program since its inception,” Goldberg Segalla’s Scott M. Press writes in an article for Law360. “Small refineries that rely on the economic hardship exemption due to the cost of complying with the RFS program are a source of jobs, tax revenue, and reasonably priced fuel for rural communities.”
In the article, Scott, a member of the firm’s Environmental Law group, details a June 25 ruling by the U.S. Supreme Court over a dispute between oil refineries and biofuel producers in HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association. The court overturned a U.S. Court of Appeals for the Tenth Circuit decision that voided extensions of hardship exemptions for three refineries that had petitioned the U.S. Environmental Protection Agency to revive exemptions that they had let lapse.
“All eyes are now on the Biden administration and the EPA, which is expected to release new proposed renewable fuel target requirements under the RFS program in the coming weeks,” Scott writes. “Stakeholders are also anticipating the EPA’s approval of new biofuels for use in the RFS program that would expand the production of alternative fuels available for refineries, and may offset the number of refineries that would otherwise seek the economic hardship exemption due to increases in the RFS program requirements.”
“Justices’ Biofuel Exemption Ruling Boosts Small Refineries,” Law360, July 20, 2021
Scott M. Press focuses his practice on complex litigation involving environmental law and land use, representing clients in environmental litigation claims, regulatory and compliance counseling, and enforcement. Scott provides clients with an in-depth knowledge of state and federal environmental regulations including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), Clean Water Act, and others. He routinely handles complex environmental litigation matters, as well as regulatory enforcement and compliance matters including hazardous waste, site remediation and federal and state cost recovery and contribution claims.