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Renewal Fuel Program – Extension

By: Derek Hawkins//September 16, 2021//

Renewal Fuel Program – Extension

By: Derek Hawkins//September 16, 2021//

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United States Supreme Court

Case Name: Hollyfrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al.,

Case No.: 20-472

Focus: Renewal Fuel Program – Extension

Congress requires most domestic refineries to blend a certain amount of ethanol and other renewable fuels into the transportation fuels they produce. But when it first adopted these mandates, Congress temporarily exempted small refineries across the board. Looking beyond that initial period, Congress authorized individual small refineries to apply for additional hardship “extensions” from the federal government “at any time.” The question before us is whether a small refinery that manages to comply with renewable fuel mandates in one year is forever forbidden from applying for an “extension” in any future year.

Reversed

Dissenting: BARRETT, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined.

Concurring:

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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