Trump Administration considers appealing court decision restricting EPA refinery waivers


Reports surfaced earlier this month that the Trump Administration is mulling whether or not it would appeal a decision by the U.S. Court of Appeals for the Tenth Circuit that would restrict the issuing of small refinery waivers by the Environmental Protection Agency. The administration now has until March 24 to file an appeal.

Announced in January, the decision by the Tenth Circuit court would restrict the EPA’s ability to issue small refinery waivers moving forward. The ruling was a positive development for the nation’s corn farmers, who have felt the economic impacts of the billions of ethanol gallons removed from the nation’s fuel supply through the EPA’s reckless issuing of waivers.

For background on the impact of waivers on the ethanol market, click here.

Minnesota’s corn farmers join the National Corn Growers Association (NCGA) and biofuel supporters nationwide in expressing their disappointment that the Trump administration is considering an appeal. Minnesota Corn Growers Association (MCGA) President Les Anderson issued the following statement:

“Minnesota’s corn farmers finally received some positive news earlier this year when the court issued a ruling that the EPA vastly exceeded its authority. To hear the Trump Administration is considering appealing this clear, well-reasoned decision by the court is very disappointing.” MCGA President Les Anderson said. “I hope the administration takes its time to reconsider an appeal that clearly sides with Big Oil while hurting farmers trying to pull out of an economic downturn. Another attack on the ethanol market by this administration would be felt across rural America, especially during these uncertain times.”

MCGA is working with its national partners, including NCGA, to ensure the decision is upheld through the appeals process. You can learn more about NCGA’s involvement as a plaintiff here.

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