WASHINGTON, D.C. (NAFB) – The battle between small oil refiners and the ethanol industry over EPA ethanol waivers went before the U.S. Supreme Court Tuesday.

The case pitted HollyFrontier Cheyenne Refining against the Renewable Fuels Association, National Corn Growers, National Farmers Union, and others in the refiner’s appeal of a lower court ruling.

Matthew Morrison, speaking for the RFA, told the high court that Congress wrote, and the justices should interpret the Renewable Fuels Act based on a plain understanding of the term ‘extension,’ when referring to waivers.

Peter Keisler, speaking for the refiners, told the justices just the opposite.

Keisler argued Congress did not intend to force small refiners out of business if they couldn’t comply with the RFS in a single year, while Morrison for the RFA countered few refiners failed as they could pass along their costs.

The justices challenged both sides, but their ruling later this year could be a close call, coming down to Congress’ intent in meeting the needs of two highly competitive industries while still boosting the nation’s energy independence.