Wynnewood Refining Co., LLC v. Environmental Protection Agency

ELR Citation: 53 ELR 20111
No(s). 22-1015 (D.C. Cir. Jul 18, 2023)

The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's announcement of the relevant standard to the reporting deadline—and compliance intervals—time between reporting deadlines for successive compliance years—shorter than 12 months. The court found that when EPA fails to timely issue renewable fuel standards, the CAA does not bind the Agency to provide a minimum 13 months' compliance lead time, and does not require compliance intervals of at least 12 months. EPA reasonably exercised authority to establish the compliance time frame under the circumstances. The court denied the petitions for review.

You must be an ELI Member to access the full content.

You are not logged in. To access this content: