The U.S. Environmental Protection Agency cannot force a long-idled oil refinery in the U.S. Virgin Islands to obtain a costly new pollution permit before restarting operations, a federal appeals court said Tuesday.
in November that it would need a new permit in order to restart. The agency has claimed the facility needed improvements and has been dormant long enough to require the new permit.
That reversed the agency's previous stance from 2018, when it said the facility wouldn’t need a new permit to begin operating again, since it was only idled. The permit could have taken years to obtain and cost the refinery owner hundreds of millions of dollars.the EPA has other tools available to regulate pollution from existing facilities.
The case is Port Hamilton Refining and Transportation LLLP v. U.S. Environmental Protection Agency, 3rd U.S. Circuit Court of Appeals, No. 23-1094For Port Hamilton: Julie Domike and Gary Steinbauer of Babst Calland; Matthew Morrison of Pillsbury Winthrop Shaw Pittman; and Andrew Simpson of the Law Offices of Andrew Simpson
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