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Source: National Sorghum Producers news release

Last Friday, the Supreme Court overturned a lower court decision that faulted the Environmental Protection Agency (EPA) for giving refineries in three states extensions on waivers from the renewable fuel standard (RFS) requirements. The 6-3 ruling, now makes it easier for small oil refineries to win exemptions from the RFS blending requirements.

While Justice Neil Gorsuch, author of the ruling, compared the extensions to those given in everyday life, Justices Amy Coney Barrett, Sonia Sotomayor and Elena Kagan, said in a dissent that the "EPA cannot 'extend' an exemption that a refinery no longer has."

The Renewable Fuels Association (RFA) and other farm groups released a statement expressing their "extreme disappointment" in the ruling, but noted because portions of the original appellate court ruling were left unchallenged and not reviewed by the Supreme Court, they are still optimistic the Biden Administration will not follow in the path of the previous Administration and their "flagrant abuse of the refinery exemption program."

National Sorghum Producers continues to work closely with both Growth Energy and RFA, as well as other farm groups, to address the misuse of RFS exemptions.

Read more here.

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