Statement on Third Circuit’s determination that EPA’s reactivation policy exceeded EPA’s statutory authority

On July 25, 2023, the United States Court of Appeals for the Third Circuit agreed with Port Hamilton Refining and Transportation, LLLP (“Port Hamilton”) that the Environmental Protection Agency (“EPA”) exceeded its statutory authority when it attempted to impose regulatory requirements on Port Hamilton’s refinery on St. Croix that Congress had made applicable to facilities constructed after August 1977. The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.

ST. CROIX, US Virgin Islands, July 26th, 2023 /PRNewswire-PRWeb/ — On July 25, 2023, the United States Court of Appeals for the Third Circuit agreed with Port Hamilton Refining and Transportation, LLLP (“Port Hamilton”) that the Environmental Protection Agency (“EPA”) exceeded its statutory authority when it attempted to impose regulatory requirements on Port Hamilton’s refinery on St. Croix that Congress had made applicable to facilities constructed after August 1977. The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.

Reacting to the decision, Fermin Rodriguez, Vice President and a veteran for over 30 years with the St. Croix refinery, stated that he was gratified that the Court had agreed with Port Hamilton and cleared away the major hurdle that would have impeded Port Hamilton’s efforts to safely resume operations at the refinery in an environmentally appropriate manner. “Despite our disagreement with EPA,” Rodriguez said, “Port Hamilton shares EPA’s concern for the environment and people of St. Croix. With this decision, Port Hamilton has a clear path to resuming operations at the refinery in a manner that is in full compliance with all EPA, OSHA and Virgin Islands Department of Permitting and Natural Resources requirements.” Rodriguez added, “Port Hamilton is looking forward to continuing to be a good neighbor on St. Croix and becoming a substantial contributor to the economy of the island by creating good jobs, opportunities for local businesses, and contributing to the tax base.”

Pull Quote

Port Hamilton shares EPA’s concern for the environment and people of St. Croix.

Media Contact

Fermin Rodriguez, Port Hamilton Refining and Transportation LLLP, 1340 692-3000, [email protected]

SOURCE Port Hamilton Refining and Transportation LLLP

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