SCOTUS Hears Biofuels Case, Could Impact Iowa


Via flickr

Eleanor Hildebrandt | April 30, 2021 

The U.S. Supreme Court heard oral arguments for a case that could exempt small refineries from the Renewable Fuel Standards Program on Tuesday.

The nine justices heard oral arguments in the Hollyfrontier Cheyenne Refining LLC v. Renewable Fuels Association case that questions if small refineries can request exemptions to the U.S. Environmental Protection Agency’s standards that were created to reduce greenhouse gas emissions across the country. The case was submitted for a later decision that will likely come in a few months.

Attorney General of Iowa Tom Miller submitted an amicus brief to the Supreme Court alongside Nebraska, Illinois, Michigan, Minnesota, Oregon, South Dakota, and Virginia officials. The 29-page brief asks the highest court to side with the Renewable Fuels Association and deny exemptions for small refineries if exemptions are not in place continuously.

Miller and Attorney General of Nebraska Doug Peterson argue in the brief that the EPAs “recent trend of freely granting small-refinery exemptions has undermined” the Renewable Fuel Standard’s promises of environmental benefits and energy independence.

In the case, the Hollyfrontier Cheyenne Refining LLC argued that they face detrimental financial impacts when forced to buy ethanol and biodiesel at Congress’s demanded levels. Miller and his colleagues argue that the EPA’s willingness to grant exemptions has harmed the Iowa farming and biofuels industry.

In January 2020, a 10 Circuit Court of Appeals heard the case and sided with the Renewable Fuels Association, a decision the EPA supported. After hearing oral arguments on April 27th, the U.S. Supreme Court is expected to present a decision in July 2021.