The EPA wants to keep from the public eye an opening brief and some records to be filed in a small-refinery waivers case, claiming in a court motion the information is subject to a protective order on confidential business information. The agency made the motion in the 10th Circuit Court of Appeals in Denver last Friday, where a lawsuit filed by several ethanol and agriculture interest groups last year argues the EPA did not publish in the Federal Register what were final agency actions in granting waivers to two refineries owned by HollyFrontier and a third by CVR Energy.