Small Refinery Exemption Litigation Update
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more
The Environmental Protection Agency (“EPA”) has recently finalized volumes for compliance years 2020, 2021, and 2022 under the Clean Air Act (“CAA”)’s renewable fuel standard (“RFS”) program and took several other related...more
On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) released its proposed 2020, 2021, and 2022 Renewable Volume Obligations (“RVOs”). RVOs determine the amount of renewable fuel (typically, ethanol) certain...more
In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth...more
On June 25, 2021, the Supreme Court decided HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, et al., Slip Op. 20-472 (June 25, 2021), which concerned small refiners’ eligibility for hardship exemptions...more
On June 25, 2021, the U.S. Supreme Court decided HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association, No. 20-472, holding that a small refinery can apply for a hardship exemption from the Environmental...more
On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more
Data is in from EPA’s “work practice” requirement that petroleum refineries monitor ambient air for benzene concentrations around their fence lines. The regulations set an “action level” of 9 µg/m3 benzene, using benzene as a...more
On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more
Analysts Say U.S. Coal Merger Not Anti-Competitive- "The proposed 'extraordinary' joint venture between U.S. coal majors Peabody Energy and Arch Coal will be structurally beneficial, rather than anti-competitive for U.S....more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more
The United States Environmental Protection Agency (“EPA”) published an August 22nd Federal Register Act notice granting a petition to exclude (“delist”) hazardous waste generated by a particular facility from the Resource...more
On July 20, 2018, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruled that EPA must reconsider its denial of Ergon-West Virginia, Inc.’s (Ergon) application for a small refinery waiver under the RFS. The...more
Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal...more
Environmental and Policy Focus - CalPERS set to divest from thermal-coal companies: Los Angeles Times - Oct 18: The California Public Employees' Retirement System (CalPERS) Investment Committee will have a new task at...more
On September 29, 2015, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) promulgated its final Petroleum Refinery Sector Risk and Technology Review (“RTR”) and New Source Performance Standards (“NSPS”) rule...more
On September 29, 2015, the U.S. Environmental Protection Agency (EPA) issued substantial new regulations to control hazardous air pollutant (HAP) emissions from petroleum refineries. The final rule arises from the “residual...more
On September 29, 2015, EPA issued a final rule to regulate emissions from petroleum refineries in the United States. The rule requires monitoring for specific compounds that are emitted as part of the refining process of...more
Environmental and Policy Focus - Royal Dutch Shell suspends Arctic drilling indefinitely: Washington Post - Sep 28: Royal Dutch Shell announced early on September 28, 2015 that it will indefinitely suspend its Arctic...more
USA v. Citgo Petroleum highlights the excruciating degree of detail in federal regulations and the gymnastics the EPA will employ justify a prosecution. The Fifth Circuit has reversed Citgo Petroleum’s conviction for...more
On June 2, 2015, federal appellate judges decided that EPA's methodology for evaluating small refineries (those with crude oil throughput averaging 75,000 barrels or less per day) for exemptions from the RFS program was fair....more
Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...more
The U.S. Environmental Protection Agency (EPA) recently released a proposed rule that illustrates several of the agency’s Next Generation Compliance ideas in action. The proposed rule concerns hazardous air pollutant (HAP)...more
Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more