By Todd Neeley
DTN Staff Reporter
OMAHA (DTN) — The Trump administration plans to appeal a federal appeals court decision that delivered a major victory to biofuels producers and farmers who have for years fought the EPA’s expansion of the small-refinery exemptions program.
Several news outlets reported on Thursday evening — citing multiple unnamed sources — that a last-minute appeal from Sen. Ted Cruz, R-Texas, and other lawmakers reportedly convinced President Donald Trump to file an appeal with the U.S. Court of Appeals for the 10th Circuit in Denver.
On Jan. 24, the court ruled EPA didn’t have the authority to issue small-refinery exemption extensions to three companies that were not originally granted waivers.
The ruling applied to about one-third of all small refineries in the country, meaning EPA is faced with either appealing the ruling or applying it nationally. An appeal would be asking the 10th Circuit for an en banc hearing — a hearing before all judges in the 10th Circuit.
