During oral arguments, Fifth Circuit Judge Patrick Higginbotham asked the refineries’ attorney if their case should instead be heard in the D.C.-based appeals court, where several similar challenges have been lodged.

In 2022, the EPA denied exemption petitions from dozens of refineries spanning 18 states. The Seventh, Third, Ninth and Tenth circuits have either dismissed lawsuits targeting the EPA’s decision or transferred them to the D.C. Circuit.

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