WASHINGTON, D.C. (NAFB) – There’s another court challenge to the wave of ethanol waivers the last administration granted to small oil refiners.

The latest legal motion involves waivers the Trump EPA granted just before Trump left office.

The three small refinery exemptions, equal to 260-million gallons in lost ethanol demand, were granted to Sinclair less than 24-hours before President Trump left office.

Renewable Fuels Association CEO Geoff Cooper says the case later moved to the 10th Circuit in Denver, which covers Wyoming, home to the affected refineries, and now, the Biden EPA’s joined the fray.

Biden’s EPA argues Trump’s EPA failed to see if Sinclair qualified for an exemption under an earlier case RFA won in the 10th Circuit and was appealed by other refiners to the Supreme Court.

Cooper argues the practice Sinclair’s using to reclaim its ethanol credits known as ‘RINS,’ instead of using physical gallons, has cost the ethanol industry more than four billion gallons so far, or more than 1.4 billion bushels of corn.