The EPA says lawsuits brought by HollyFrontier and Sinclair forced the agency to expand the definition of hardship, but biofuel groups say the shift was politically motivated and driven by former EPA administrator Scott Pruitt.
The EPA gave HollyFrontier nearly $34 million worth of credits for this year to reverse denial of a waiver for one of its Wyoming plants dating back to 2015. Sinclair received waivers worth undisclosed millions for two facilities in the same state for 2014 and 2015.
Both companies had challenged EPA’s denials in a federal appellate court in Colorado in 2016.
Producers United claims the EPA’s expansion of the program was done largely in secret and must be legally scrutinized before it can be allowed to continue.
It also argues the judges in the Holly and Sinclair cases did not require the EPA to issue retroactive credits, nor did they say the refineries deserved to be exempted.
The EPA lacks the authority to issue the retroactive credits, the group argued.
The EPA is still considering one 2016 application for a hardship waiver, according to the group, which wants to ensure it does not result in more retroactive credits.
Reporting By Jarrett Renshaw; Editing by David Gregorio
Comments