On April 27, 2021, the Supreme Court will hear oral argument in the case of HollyFrontier Cheyenne Refining v. Renewable Fuels Association.
In this litigation, three refineries are challenging the Tenth Circuit’s ruling, which limits the availability of an EPA hardship exemption under the Renewable Fuel Standard of the Clean Air Act to those small refineries that can show “disproportionate economic hardship” and who have applied for an exemption for all preceding years. While the Tenth Circuit relies on the textual structure of the RFS, the refineries argue the Court’s interpretation belies the purpose of the exemption which Congress stated should be available for application “at any time.”
The Supreme Court takes up a question of statutory interpretation deciding whether a small refinery must not only show “disproportionate economic hardship,” but also receive continuous uninterrupted hardship exemptions to qualify for an additional RFS hardship exemption.
Justin Schwab, Founder, CGCN Law, PLLC
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.