Kern Oil & Refining Co. v. Usepa

FILED

NOT FOR PUBLICATION

AUG 16 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KERN OIL & REFINING CO., No. 21-71246

Petitioner, No. Environmental Protection Agency v.

U.S. ENVIRONMENTAL PROTECTION MEMORANDUM*

AGENCY,

Respondent.

On Petition for Review of an Order of the U.S. Environmental Protection Agency

Argued and Submitted August 8, 2022 Anchorage, Alaska

Before: S.R. THOMAS, McKEOWN, and CLIFTON, Circuit Judges.

Kern Oil & Refining Co. (“Kern Oil”) petitions for review of a final order of

the U.S. Environmental Protection Agency (“EPA”), which granted Kern Oil an

exemption from the requirements of the Clean Air Act’s Renewable Fuel Standard

(“RFS”) program for the 2017 compliance year. The EPA had the authority to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. grant Kern Oil an exemption from the RFS program under 42 U.S.C.

§ 7545(o)(9)(B). See also 40 C.F.R. § 80.1441(e)(2). We have jurisdiction over

this timely petition for review…