Lion Oil Co. v. Envt’l Protction Agency

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Lion Oil, a small Arkansas refinery, petitioned the Environmental Protection Agency for an exemption from the 2013 Renewable Fuel Standard program, 42 U.S.C. 7545(o), under which refineries must blend their share of renewable fuel or buy credits from those who exceed blending requirements. Congress exempted “small” refineries—75,000 barrels of crude oil or less per day—from RFS obligations until 2011. The exemption can be extended. Lion cited disruption to a key supply pipeline and argued that RFS compliance would cause disproportionate economic hardship. Before EPA considered the petition, the Department of Energy determined that Lion Oil did not score high enough on the viability index to show disproportionate economic hardship. EPA “independently” analyzed the pipeline disruption and Lion Oil’s blending capacity, projected RFS-compliance costs, and financial position. EPA denied the petition. The Eighth Circuit affirmed, first holding that it could consider the matter because EPA had not “published” a determination of nationwide scope or effect. The denial was not arbitrary or inadequately explained. View "Lion Oil Co. v. Envt'l Protction Agency" on Justia Law