Fischer applauds EPA for accepting 10th Circuit Court’s ruling on small refinery exemptions

U.S. Sen. Deb Fischer (R-NE) on March 25 praised the Environmental Protection Agency (EPA) for not appealing a ruling by the U.S. 10th Circuit Court of Appeals that found the EPA had overstepped its authority in granting several small refinery exemptions (SREs) and ordered the agency to reconsider them.

“This is a victory for Nebraska’s economy, especially our farmers and ethanol producers who are struggling due to the economic downturn and low commodity prices,” said Sen. Fischer, who serves on the U.S. Senate Agriculture Committee.

In late January, the 10th Circuit Court of Appeals struck down three SREs that were deemed improperly issued by the EPA, according to information provided by Sen. Fischer’s office, which noted that the court ruled that the Renewable Fuel Standard (RFS) statute only allows agencies to grant SREs for continuously extended exemptions that have been in effect since 2011. That was not the case for these three exemptions, according to the information.

Earlier this month, Sen. Fischer led 16 of her Midwest colleagues in sending a letter to President Donald Trump requesting that the EPA not appeal the 10th Circuit Court decision.

“This is the right decision by the EPA,” said Sen. Fischer, a member of the Senate Agriculture Committee. “Recently, I led a bipartisan group of my Senate colleagues in a letter urging the EPA not to appeal the 10th circuit’s decision, and I’m pleased to see the administration heed our advice.”