ELR Citation: 48 ELR 20127
No(s). 17-1839 (4th Cir. Jul 20, 2018)

The Fourth Circuit granted an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The refinery argued that the Agency's reliance on DOE's analysis of the exemption petition was arbitrary and capricious.The court agreed, concluding that the Agency relied on DOE's facially deficient recommendation to an unexplained and unknown degree, and failed to properly address the refinery's petition with regard to renewable identification number costs. The court vacated the Agency's decision and remanded the case to the Agency for further proceedings.