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Ergon-West Virginia, Inc. v. United States Environmental Protection Agency

ELR Citation: 48 ELR 20127
Nos. 17-1839, (4th Cir., 07/20/2018)

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.