"A federal appeals court said Tuesday that EPA went too far when it subjected an oil refinery in the U.S. Virgin Islands to a costly, multiyear permitting process in order to restart operations.

The ruling issued Tuesday by the 3rd U.S. Circuit Court of Appeals deals a blow to the Biden administration’s efforts to ease the burden of low-income areas and communities of color that are disproportionately affected by pollution. After a temporary restart of the St. Croix refinery in 2021, an oily mist descended on the majority-Black community near the facility.

Last year, EPA reversed course on prior determinations for the facility and notified the operator, Port Hamilton Refining and Transportation LLLP, that a lengthy and expensive prevention of significant deterioration permit would be required before the site could be reopened."

Pamela King and Sean Reilly report for E&E News July 25, 2023. [2]