GOP Senators Seek to Overturn EPA on Refiner Biofuel Waiver Denials

Some Republican senators are looking at options for blocking the Biden administration from requiring small oil refiners to comply with U.S. biofuel-blending rules. As a first step, they are asking the Government Accountability Office (GAO) to weigh in on whether an Environmental Protection Agency decision denying more than 60 waivers falls under the scope of the Congressional Review Act, which allows lawmakers to overturn executive actions by a simple majority if moved within 60 days from the rule’s public action. Sens. Roger Wicker of Mississippi, Shelley Moore Capito of West Virginia and Bill Hagerty of Tennessee made the request in a letter to GAO chief Gene Dodaro. The U.S. Supreme Court ruled last year EPA has wide latitude to exempt refineries. While the Biden administration has rejected dozens of waivers, it also is proposing to give small refineries more time to comply with past targets.

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