The Biofuels Coalition comprising the National Corn Growers Association, National Farmers Union and other associations initiated a court challenge to three exemptions advanced by the Environmental Protection Agency under the previous Administration.  The 10th Circuit ruled for the petitioners deciding that the EPA did not have the authority to extend exemptions for small refineries.  In a decision on Friday, June 25th, the U.S. Supreme Court overruled the 10th Circuit decision.

Currently there are 70 small refinery exemption petitions pending a decision by the Environmental Protection Agency relating to compliance years 2011 through 2020.  The three refinery exemptions in question were granted on January 19th, during the penultimate day of the previous Administration.  The three refinery exemptions were revoked during April 2021 and an investigation into the Small Refinery Exemption Program was initiated.