Supreme Court decision on SREs ‘a victory for the American biofuels industry’
- Growth Energy
- Jun 19
- 2 min read
Growth Energy and the Renewable Fuels Association said June 18 the U.S. Supreme Court’s decision that the U.S. Court of Appeals for the D.C. Circuit is the proper venue for legal challenges to small-refinery exemptions (SREs) “is a victory for the American biofuels industry and for the rural communities that depend on a strong Renewable Fuel Standard.”
The court agreed with the argument put forth by Growth Energy and RFA that the D.C. Circuit is the only appropriate venue for litigation on EPA’s SRE decisions.
“Because the RFS is a national program and SREs have nationwide impacts, any challenges to SRE decisions belong squarely in the D.C. Circuit,” the organizations stated.
“Allowing 12 different circuit courts to adjudicate SREs would result in a fractured and inconsistent body of law, causing chaos and confusion in the marketplace,” they added. “The court’s opinion today gives farmers and ethanol producers much greater certainty about SRE litigation under the RFS, which continues to be one of the nation’s most successful clean-energy programs.”
In March, RFA and Growth Energy presented oral arguments to the Supreme Court on this case, jointly petitioning on EPA’s behalf and urging the court to reject the argument by refineries that would allow them to “forum shop” for more favorable venues to challenge recent SRE denials despite clear direction from Congress that those decisions should be adjudicated in the U.S. Court of Appeals for the D.C. Circuit.
The Supreme Court granted certiorari from an outlier ruling by the U.S. Court of Appeals for the Fifth Circuit, which held that challenges to the SRE denials at issue were properly brought before it.
Numerous other circuit courts had disagreed, finding instead that the D.C. Circuit is the proper venue for these SRE challenges and creating the “circuit split” on venue that the Supreme Court is resolving here.
