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D.C. Circuit Forces EPA to Confront Reality of Economic Impacts of RFS on Small Refiners

On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more

EPA Finalizes Revisions to Risk Management Program (RMP) Regulations, with Special Focus on Petroleum and Chemical Manufacturers

The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more

The EPA’s Methane Waste Emission Charge: A Tax by Any Other Name

The Environmental Protection Agency (EPA) has published a proposed rule to assess and collect billions of dollars in methane “waste emission charges” from the oil and gas sector....more

EPA Finalizes RFS Set Rule and Biogas Regulatory Reforms, But Drops eRins (For Now)

The U.S. Environmental Protection Agency (“EPA” or “the Agency”) this week released its final Renewable Fuel Standard (“RFS”) “Set Rule”.1 As explained in our prior article, the Set Rule represents a new period for the RFS,...more

Renewable Fuel Standard: The Next Generation

Long awaited, the U.S. Environmental Protection Agency (“EPA”) last week released the proposed Renewable Fuel Standard (“RFS”) “set” rule. The set rule represents a new era for EPA in setting biofuel targets, as the targets...more

EPA Issues Broad Updates to Renewable Fuel Standards Program: 5 Things to Know

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

EPA Releases New Proposed Rule for Clean Water Act Hazardous Substance Worst Case Discharge Planning

What You Need to Know- EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for...more

Not Dead (Yet?): After HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, The Renewable Fuels Standard’s...

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

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