Ergon-W. Va., Inc. v. U.S. Envtl. Prot. Agency
Court of Appeals for the Fourth Circuit
1Opinion of the Court
AGEE, Circuit Judge:
Until 2011, Ergon-West Virginia, Inc. enjoyed an exemption as a small refinery from the Environmental Protection Agency's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When Ergon filed for an extension of the small refinery exemption, the EPA denied its petition on the basis that Ergon's participation in the program would not constitute a disproportionate economic hardship. Ergon petitions the Court for review of the EPA's denial. Because we conclude that the…
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