Press reports indicate that the Administration will deny requests for retroactive small refinery waivers. The White House will direct the Environmental Protection Agency to reject requests based on recent court decisions. Essentially, the ruling by the Administration in favor of corn farmers and ethanol refiners is political, given the intensity of pressure exerted by corn-state legislators, lobbying by agricultural associations and the Renewable Fuels Association.
In January, a federal appeals court ruled that waivers granted to small refineries in 2010 could only be approved as extensions of existing waivers. Many of the requests were retroactive and contrary to legislation.