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Home / Opinion Digests / 4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the EPA’s uncritical reliance on that methodology was arbitrary and capricious. Background Until 2011, Ergon-West Virginia Inc., as ...