POET Biorefining - Hudson, LLC v. Environmental Protection Agency, No. 19-2429 (8th Cir. 2020)Annotate this Case
POET petitioned for review of a letter from the Assistant Administrator of the EPA, contending that the letter embodies the EPA's final decision to deny POET's application to generate D3 Renewable Identification Numbers (RINs) by producing cellulosic ethanol from corn-kernel fiber at its facility in Hudson, South Dakota.
The Eighth Circuit held that the controversy regarding the EPA's alleged denial of the application is moot and dismissed the petition. In this case, POET has since filed a new, non-identical application to generate D3 RINs at its Hudson facility, which is currently pending for the EPA's review.
The court issued a subsequent related opinion or order on August 21, 2020.