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Advanced Biofuels Association v. Environmental Protection Agency

ELR Citation: 49 ELR 20182
Nos. 18-1115, (D.C. Cir., 11/12/2019)

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and 2017 could not be ascribed to year-to-year changes in the renewable fuels market, but rather could only be attributed to the Agency's decision to modify its criteria for which refineries qualify for exemptions, in a manner that was unlawful. The court found that while the group's identification of an ongoing pattern could be evidence of a final agency action, it was not by itself a final agency action that could support a petition for review. It therefore dismissed the group's petition.