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by Kelsey Tamborrino (Politico’s Morning Energy) The Trump administration on Thursday asked a court to block Ford, Honda, Volkswagen and BMW from becoming directly involved with litigation over the SAFE Vehicles rule (Reg. 2060-AU09). The automakers, which struck a voluntary emissions deal with California, last week moved to join the
Federal Litigation
by Kelsey Tamborrino (Politico’s Morning Energy) A bipartisan group of former EPA and Transportation Department chiefs filed a friend-of-the-court brief this week criticizing the Trump administration’s revocation of California’s fuel economy waiver as having no “no valid legal, factual, or logical basis,” Alex also reports for Pros. The Trump administration
July 8, 2020
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by Jennifer M. Latzke (High Plains Journal) … And still, shortly after Trump’s visit, the EPA granted 31 small refinery waivers from the Renewable Fuels Standard in the fall that would have wiped out any traction that year-round E15 approval had gained the industry. Looking back, that was one bump
July 6, 2020
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by Mikkel Pates (Ag Week) Ethanol proponents try to make some political hay with President Donald Trump when he visits Rapid City. They ask that he “tear down that wall” of 10% ethanol blends, and allow ethanol to climb to 30% blends. They say the Environmental Protection Agency should do
July 3, 2020
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(Office of Senator Ted Cruz (R-TX)) U.S. Sen. Ted Cruz (R-Texas) today issued the following statement on the nomination of Doug Benevento to be Deputy Administrator of the U.S. Environmental Protection Agency (EPA): “The price of RINs has more than quadrupled since the beginning of the year, and now sits around
July 2, 2020
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(Morning Ag Clips/South Dakota Farmers Union) Broad coalition challenges the Safer Affordable Fuel Efficiency Vehicle Rule; In response to EPA’s failure to credibly consider and advance mid-level ethanol fuel blends as an alternative to conventional fuels, the groups filed a petition for review in the Superior Court of the District
June 30, 2020
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by Jordan Godwin (OPIS/Governors Biofuels Coalition)EPA is expected to propose as early as next month a 250-million-gal increase in the 2021 Renewable Volume Obligation (RVO) and another 250-million-gal boost in the 2022 RVO to comply with a remand order the U.S. Court of Appeals for the District of Columbia Circuit
June 30, 2020
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by Glenn Minnis (The Center Square) … The president was there to help industry executives celebrate his administration’s removal of a regulation that up until then prohibited companies from selling gasoline containing 15% ethanol year-round. “It was a terrific event for my company and the renewable fuels industry, drawing nearly
June 25, 2020
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(Renewable Fuels Association/National Biodiesel Board/Farm Progress) Renewable Fuels Association, National Biodiesel Board critical of these petitions, say refiners are trying to circumvent court ruling. — The U.S. Environmental Protection Agency today disclosed that 52 new petitions have been received from small refineries seeking retroactive exemptions from their Renewable Fuel Standard requirements
June 19, 2020
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(RFD TV) … Both the oil and ethanol sectors are asking the federal government to step in as each one sees a sharp decline in prices and production. Oil groups say that the pandemic pushed the industry over the edge, while it was battling an already downward demand trend. …
June 18, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) The D.C. Circuit Court of Appeals will hear oral arguments on Sept. 25 in a case that could determine whether EPA must deeply curtail its program of exemptions from the RFS. The case mirrors a 10th Circuit case in which the court found that
June 18, 2020
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by Andrew Maloney (Chicago Daily Law Bulletin) A federal judge will allow price-manipulation claims against food processing giant Archer Daniels Midland to go forward in a central Illinois courtroom. U.S. District Judge Colin S. Bruce last week found plaintiffs made plausible claims that ADM artificially lowered ethanol prices to boost the value
June 11, 2020
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by Erin Voegele (Ethanol Producer Magazine) A group of 44 members of Congress sent a letter to President Trump on June 8 urging him to deny requests filed with the U.S. EPA by several governors seeking a waiver of 2020 Renewable Fuel Standard blending requirements. “We write to express our concern
June 9, 2020
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(Agri-Pulse/Governors’ Biofuels Coalition) Biofuel advocates are asking EPA today to provide more information on requests for retroactive exemptions from the Renewable Fuel Standard. Citing an appeals court ruling, the Renewable Fuels Association and several other organizations argue in a letter that EPA can’t extend exemptions to any small refineries whose earlier,
June 9, 2020
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by Erin Voegele (Biomass Magazine) The U.S. EPA’s proposed rule to extend the sales deadline for Step 1 wood heaters, rulemaking to classify biomass as carbon neutral and issues associated with the Renewable Fuel Standard and small refinery exemptions (SREs) were among the topics discussed during a May 20 Senate hearing.
June 2, 2020
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by Joshua Brown, Margaret Rogers, Ellie Valencia, Maha Cristina Husseini (S&P Global/Platts) RVO cost highest since March 2018; USGC WTI MEH margin down $6.45/b on year; US fuel exports fall to two-year low — Fallout from the coronavirus has so disrupted normal refined product economics that a high cost to comply with the
June 1, 2020
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by Todd Neeley (DTN Progressive Farmer) EPA’s release of a so-called “anti-backsliding” study on Friday that calls for no further action to mitigate potential adverse air quality effects from renewable fuels, was met with disappointment by two ethanol industry interest groups. The study is required by the Clean Air Act and
June 1, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) California and 22 other states sued the Trump administration over its rollback of auto emissions standards and fuel economy rules, Pro’s Alex Guillén reports. The Trump administration’s final Safer Affordable Fuel-Efficient Vehicles rule requires automakers to improve their fuel efficiency at a rate of
May 28, 2020
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(Renewable Fuels Association) The Renewable Fuels Association on Friday urged the U.S. Environmental Protection Agency to deny new petitions submitted by refiners for past-year waivers from their renewable volume obligations. In a letter to EPA Administrator Andrew Wheeler, RFA President and CEO Geoff Cooper argued that granting such waivers would be
May 26, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) The Alliance for Automotive Innovation, which includes automakers and vehicle parts manufacturers, on Friday moved to defend EPA’s auto emissions rollback — from a libertarian think tank that argues the weakened rule is still too stringent. Increasing the standards’ stringency gives the industry a
May 26, 2020
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(Law360) The U.S. Supreme Court on Monday declined to review a U.S. Environmental Protection Agency policy that fuel blenders aren’t responsible for mixing biofuels into gasoline, in a defeat for refiners who claim the EPA is unlawfully giving blenders a free pass. The RFS program requires an increasing amount of renewable
May 19, 2020
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(Urban Air Initiative) Attorneys for a broad alliance of ethanol, agriculture and clean fuel organizations filed their opening brief arguing that EPA regulatory barriers that prevent ethanol from competing for greater market share are illegal. The brief was filed in the Court of Appeals for the D.C. Circuit. Oral arguments in the case
May 19, 2020
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by Cindy Zimmerman (Energy.AgWired.com) An alliance of ethanol, agriculture and clean fuel organizations led by the Urban Air Initiative is challenging the EPA over regulatory barriers to higher blends of ethanol they say are illegal. An opening brief in the case was filed this week in the D.C. Circuit Court of Appeals and oral arguments
May 15, 2020
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by Steve Davies (Agri-Pulse) Lawyers for EPA and POET Biorefining squared off in court Monday over whether the agency’s guidance for measuring production of cellulosic ethanol is tantamount to a rule containing requirements that are impossible to meet. One of the major issues is whether there exists any type of “representative reference material”
May 12, 2020
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by Dharna Noor (Gizmodo) This week, the Environmental Protection Agency proposed carbon dioxide standards for the airline industry. Yes, the Trump EPA. The standards would be the first time the federal government has ever regulated the airplane emissions. But let’s be clear, this isn’t exactly cause for celebration. For one, the proposal has yet to be publicly released.
May 8, 2020
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by Laura Sanicola (Reuters) CVR Energy Inc is looking to convert certain units in its refineries to renewable diesel production to reduce its exposure to the cost of renewable fuel credits (RINs), the company said on Thursday. The project, which would involve using excess hydrogen capacity and converting some desulfurization units for
May 8, 2020
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(Bloomberg Law) Scheme to defraud EPA renewable fuel program; Criminal cases made damages easy to calculate e-Biofuels LLC and other defendants face a $70 million liability for violating the False Claims Act by engaging in a scheme to defraud the EPA’s renewable fuel program, an Indiana federal court said. Alexander Chepurko’s
May 4, 2020
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(Renewable Fuels Association) A coalition of ethanol and farm groups today sent a letter to the Environmental Protection Agency opposing the American Petroleum Institute’s recent petition requesting reconsideration of the 2020 Renewable Fuel Standard (RFS) final rule. API claims reconsideration of the 2020 RFS rule is necessary in light of the
May 1, 2020
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by Erin Voegele (Ethanol Producer Magazine) The U.S. Supreme Court is scheduled to consider whether it will review a challenge to the Renewable Fuel Standard point of obligation on May 15. Court documents related to the challenge were distributed to the Justices on April 22. Valero Energy Corp. and the American
April 23, 2020
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by Mark Abramowitz (Coalition for Clean Air) It was the summer of 1984, and I was a young air quality scientist for CBE, then called Citizens for a Better Environment (now Communities for a Better Environment). I had been an active and critical voice on air quality issues in Los Angeles,
April 22, 2020
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by Rebecca Beitsch (The Hill) The Environmental Protection Agency (EPA) is weighing whether to let oil refineries skip on adding ethanol to their fuels, a move being requested by governors in oil-rich states who say the industry can’t afford the expense of blending in biofuels as oil prices plummet. Oil prices hit
April 19, 2020
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by Stephanie Kelly (Reuters) … The oil refining industry and its backers have asked the Trump administration to help the industry weather the pandemic by reducing a regulatory requirement that they blend billions of gallons of corn-based ethanol into their gasoline each year, arguing it is a cost many facilities cannot
April 17, 2020
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by Matt Carr (New Energy America/The Hill) The novel coronavirus pandemic could not have come at a worse time for America’s clean energy industry. After overcoming years of attacks by the Trump administration, the resultant loss of demand is threatening to decimate key companies and technologies, and it seems we will have
April 13, 2020
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by Jim Saunders (Daily Business Review) U.S. Court of Appeals for the Eleventh Circuit Judge William Pryor rejected arguments by Orlando businessman Lee John Maher, accused of receiving more than $2 million in federal grant money for a biodiesel facility and fraudulently using it for other purposes. READ MORE Conviction
April 10, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) The 10th Circuit Court of Appeals rejected a request by refiners for an en banc hearing of the January case that voided three small refinery exemptions under the Renewable Fuel Standard, Pro’s Eric Wolff reports. READ MORE U.S. court rejects refiners’ challenge in EPA biofuel waivers
April 8, 2020
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(Reuters/NewsMax Finance) The U.S. biofuel industry has asked the Trump administration for funds from the U.S. Department of Agriculture’s Commodity Credit Corporation to help it survive a demand slump triggered by the coronavirus outbreak, according to a letter seen by Reuters. The funds could be used to offset a portion
April 6, 2020
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by Erin Voegele (Biomass Magazine) The U.S. EPA published a notice on March 12 announcing 42 states and territories failed to submit state plans under the 2016 emissions guidelines for existing municipal solid waste (MSW) landfills. The March 12 notice represents the start of a 2-year deadline under which the EPA
April 3, 2020
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by Rebecca Beitsch (The Hill) The Environmental Protection Agency (EPA) was wrong to withhold information about how it devised its new fuel efficiency standards, a panel of judges ruled just a day after the Trump administration rolled back Obama-era mileage standards. The 2nd Circuit Court of Appeals on Wednesday sided with
April 2, 2020
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by Stephanie Kelly (Reuters) The U.S. Environmental Protection Agency on Friday unveiled measures to help oil refineries cope with fallout from the coronavirus outbreak, including waiving anti-smog requirements for gasoline and extending the deadline for small facilities to show compliance with the nation’s biofuels law. The outbreak has touched off
March 30, 2020
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by Susan Reidy (World-Grain.com) Despite a challenging environment, the global biofuels industry is holding steady and driving ahead with new policies, innovations and legislation to promote more robust growth in the future. In the EU, 2020 marks the deadline for certain greenhouse gas reduction goals, which many nations will struggle to
March 30, 2020
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(Renewable Fuels Association) As part of a package intended to “protect the nation’s gasoline supply in response to the COVID-19 pandemic,” the U.S. Environmental Protection Agency today announced it intends to wait until “appeals have been resolved and the court’s mandate has been issued” before developing “an appropriate implementation and enforcement response to
March 30, 2020
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by Donald Shaw and David Moore (Sludge) Perkins Coie, a law firm with deep ties to the Democratic Party, is lobbying for fossil fuel clients to win exemptions from a federal program to limit greenhouse gas emissions. — … The primary focus of Perkins Coie’s fossil fuel lobbying in recent
March 26, 2020
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by Stephanie Kelly (Reuters) U.S. ethanol producers are on track to shut about 2 billion gallons of annualized output by the end of this week because of a slump in demand for fuel, the head of the Renewable Fuels Association trade group said on Monday. Biofuel producers are feeling the impact
March 26, 2020
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(Renewable Fuels Association) Ethanol and farm groups today welcomed the Trump administration’s decision not to seek a re-hearing of a recent ruling by the U.S. Court of Appeals for the Tenth Circuit that struck down certain small refinery exemptions (SREs) under the Renewable Fuel Standard. On Jan. 24, a panel of
March 25, 2020
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by Jennifer A Dlouhy (Bloomberg) Administration will not appeal court ruling curbing exemptions; Officials directed to look for other ways to help oil refiners — The Trump administration doesn’t plan to challenge a federal court ruling that dramatically curbs its ability to exempt oil refineries from biofuel-blending requirements, according to three
March 22, 2020
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(Renewable Fuels Association) With the need for a decision only days away, the coalition that successfully won a unanimous court decision against the U.S. Environmental Protection Agency continued its call for the agency to not appeal the decision by launching a new social media campaign aimed at encouraging policymakers and the
March 19, 2020
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by Jerry Perkins (Successful Farming) … The downturn in demand for ethanol, which is blended at a 10% rate in almost every gallon of gasoline consumed in the U.S., is coming at a time when ethanol plants were already economically challenged by the Small Refinery Exemptions granted by the Trump
March 18, 2020
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by Ken Anderson (Brownfield Ag News) … With many ethanol plants on the verge of shutting down, we implore the Trump Administration to take action that equitably supports all liquid fuel industries—including ethanol producers—during this time of unprecedented market uncertainty and unrest,” RFA CEO Geoff Cooper said in a new release.
March 18, 2020
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by Matthew Ormseth (Los Angeles Times) … The verdict — guilty on 10 felony counts — was not just a courtroom defeat for (Lev Aslan) Dermen, one that will likely result in a significant prison sentence. It brought to an end the impression, earned after a string of acquittals and
March 17, 2020
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by Kelsey Tamborrino (Poltico’s Morning Energy) JUST WHEN HE THOUGHT HE WAS OUT:The president is once again caught in the middle of a spat between oil refiners and ethanol producers centered around small refinery exemptions under the RFS, Pro’s Eric Wolff reports. The White House is trying to set up
March 16, 2020
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by Marc J. Rauch (The Auto Channel) U.S. DOE and EPA are Screwing America (And No One Cares – Do You?) +VIDEO — … So, I did a Google search of his name (Daniel R. Simmons) along with the word “ethanol.” There was only one pertinent search return involving Simmons and
March 13, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) A federal judge ruled against the Justice Department on Thursday in the first round of a lawsuit between the Trump administration and California over the state’s cap-and-trade program with Quebec, Pro’s Debra Kahn reports. Judge William Shubb of the U.S. District Court for the
March 13, 2020
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by Ken Anderson (Brownfield Ag News) Earlier this week the Trump Administration was granted a two-week delay in deciding whether to appeal a court ruling on small refinery exemptions. Does that mean an appeal is likely? Iowa Senator Chuck Grassley doesn’t think so. “No, I read it as just the opposite,” Grassley
March 13, 2020
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by Michelle Rook (AgWeek) Leaders of the nation’s top commodity organizations were focused on trade, biofuels and the upcoming crop season at this year’s Commodity Classic in San Antonio. — …U.S. Agriculture Secretary Sonny Perdue told farmers at Commodity Classic that the agency is not working on a third round of
March 10, 2020
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by Jennifer A Dlouhy (Bloomberg) Appeal would be ‘a stunning betrayal’ of farmers, groups warn; Move allows EPA to keep waiving refineries from biofuel quotas — President Donald Trump’s decision to defend the U.S. government’s power to broadly exempt oil refineries from biofuel-blending requirements is triggering a backlash in Iowa and
March 9, 2020
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by Todd Neeley (DTN Progressive Farmer) Sen. James Inhofe, R-Oklahoma, has offered an amendment to an energy bill to cap the price of Renewable Identification Numbers, or RINs, at 10 cents, as time is running out on the EPA to make a decision on possible changes to the small-refinery exemptions program.
March 6, 2020
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by Jennifer A. Dlouhy and Mario Parker (Bloomberg News/The Eagle) President Donald Trump has decided to appeal a federal court ruling that jeopardized the U.S. government’s ability to widely exempt refineries from requirements to use renewable fuels. The decision follows an intense pressure campaign by oil-state senators, including Ted Cruz, a
March 6, 2020
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by Stephanie Kelly (Reuters) The U.S. Environmental Protection Agency said on Wednesday it is mulling new measures to help oil refiners cope with the cost of complying with the nation’s biofuel policy, as the agency faces a sweeping legal challenge to a waiver program worth a fortune to the industry.
March 5, 2020
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by Scott Richman (Renewable Fuels Association) Yesterday (February 27, 2020), a group of senators wrote a letter to President Trump regarding the January 24 decision by the U.S. Court of Appeals for the Tenth Circuit that found the EPA improperly exceeded its statutory authority in exempting three refineries from the Renewable Fuel
March 2, 2020
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by Stephanie Kelly (Reuters) The U.S. Environmental Protection Agency is seeking White House guidance on the future of its controversial biofuel waiver program after a court ruling cast doubt over its legitimacy, and aims to announce a decision by early next month, a source familiar with the matter said on Friday.
February 17, 2020
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(U.S. Department of Justice) Jeremiah Young, 38, of El Dorado, pleaded guilty today to unlawful discharge of industrial wastewater, U.S. Attorney McGregor W. Scott announced. Young was an assistant operator for Community Fuels from 2014 to 2016. Community Fuels is registered in San Joaquin County by American Biodiesel Inc. and manufactured biodiesel
February 14, 2020
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(Congressman Ted Deutch (D-FL-22)/OurEnergyPolicy.org) You don’t have to search hard to find an American community already experiencing, firsthand, the devastating impact of climate change. The question is no longer if, but how to respond. For too long, damaging carbon emissions have been left off the balance sheets of the world’s
February 4, 2020
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(Ethanol Report/Renewable Fuels Association) In this episode of The Ethanol Report, we hear about a new court ruling that could be a game changer for Small Refinery Exemptions, get a preview of the 25th annual National Ethanol Conference, learn about LCFS for the Midwest, and kick off the 4th year
January 31, 2020
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(Renewable Fuels Association) In a decision that is expected to broadly impact the Environmental Protection Agency’s approach to granting small refinery exemptions (SREs) under the Renewable Fuel Standard, the U.S. Court of Appeals for the Tenth Circuit late on Friday struck down three exemptions that were improperly issued by EPA. The
January 27, 2020
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by Ryan Beene and Jennifer A Dlouhy (Bloomberg) Revised proposal will require modest annual efficiency gains; Draft rule is under review by White House budget office — … A draft of the final rule, now undergoing a final White House review, includes several changes that could make it easier to
January 22, 2020
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by Michael Karlik (Colorado Politics) Suncor Energy U.S.A. has filed a petition asking the U.S. Court of Appeals for the Tenth Circuit to review a federal decision denying the company a one-year exemption from the country’s biofuels requirement at its two refineries in Commerce City. In a letter dated Oct. 25, the
January 6, 2020
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by Helena Tavares Kennedy (Biofuels Digest) In Washington, D.C., Valero Energy Corporation and the American Fuel and Petrochemical Manufacturers petitioned the U.S. Supreme Court to look at whether the EPA is following the law by not considering past petitions to change the point of obligation in the RFS. Valero and AFPM wants the
January 6, 2020
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by David Shepardson (Reuters) U.S. President Donald Trump said on Friday that his administration will finalize its rollback of Obama-era vehicle emissions standards next year and expected it would provoke a new legal challenge by California. … Trump said on Friday that the dispute was over “a tiny amount of
December 10, 2019
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(American Coalition for Ethanol) The American Coalition for Ethanol (ACE) submitted comments today to the Environmental Protection Agency (EPA) on its proposed supplemental rulemaking to the 2020 Renewable Volume Obligations (RVOs) under the Renewable Fuel Standard (RFS). ACE CEO Brian Jennings detailed three areas in which the proposal falls short in ACE’s written
November 29, 2019
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(U.S. Department of Justice) A federal jury in Denver, Colorado, found Martin Fields guilty yesterday of conspiracy to defraud the United States, conspiracy to commit money laundering, making false claims against the United States, and money laundering, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax
November 21, 2019
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by Richard Nemec (Natural Gas Intel) The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday upheld the federal government’s waivers for small refineries, which allows them to not include minimum renewables volumes in their transportation fuels to the chagrin of renewable natural gas (RNG) stakeholders. A group
November 18, 2019
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by Erin Voegele (Ethanol Producer Magazine) The U.S. Court of Appeals for the D.C. Circuit on Nov. 12 dismissed a petition for review filed by the Advanced Biofuels Association challenging the U.S. EPA’s methodology for granting small refinery exemptions (SREs). The court’s judgement, however, provides a clearer legal pathway for current
November 13, 2019
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by Zack Coleman (Politico) Researchers can now link weather events to emissions – and to the companies responsible. A string of lawsuits is about to give “attribution science” a real-life test. — Richard Heede spent a decade digging through “disheveled, dusty” tomes in libraries around the world searching for the answers
November 6, 2019
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(RFS Power Coalition/Biomass Magazine) The RFS Power Coalition today applauded the passage of H.R. 3055 (116), the Senate’s Interior Appropriations bill. The Interior-EPA portion of the spending package includes a provision led by Senator Susan Collins, R-Maine, requiring the EPA to take swift action on existing eRIN applications: Electric Pathway.—The Committee
November 6, 2019
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(Sierra Club) (October 25, 2019) the U.S. Court of Appeals for the D.C Circuit confirmed that EPA cannot ignore the record of facts supporting the conclusion that the clean car standards are achievable. In January 2017, the Obama administration went through a robust mid-term evaluation for the clean car standards that confirmed
October 30, 2019
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by Stephanie Kelly (Reuters) Biofuels groups have filed a petition in the U.S. court of appeals in Washington against the Environmental Protection Agency, challenging the agency’s process for granting refineries exemptions to the nation’s biofuel blending mandates, the groups said Wednesday. The petition, filed by groups such as the Renewable
October 24, 2019
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(Wisconsin Ag Connection/USAgNet) A Bloomfield, Mich., biodiesel fuel dealer pleaded guilty today to filing a false income tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew Schneider of the Eastern District of Michigan. According to plea documents, Chandra
October 23, 2019
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(Renewable Fuels Association) Newly available court documents assert that the U.S. Environmental Protection Agency inappropriately granted Renewable Fuel Standard (RFS) compliance exemptions to certain small refineries that did not even qualify for the waivers, and that there was division within the Trump administration about its new approach to small refinery hardship
October 23, 2019
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by Jim Lane (Biofuels Digest) “EPA Reneges on Trump’s Biofuels Deal”, said the Iowa Renewable Fuels Association in reacting to the US Environmental Protection Agency’s new plans for fulfilling federal renewable fuel requirements. EPA released a proposed supplemental rule for the Renewable Fuel Standard today, and the bioeconomy is up in arms, and
October 16, 2019
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by Nate Carlisle (Salt Lake Tribune) The possible witness list for the trial of Lev Aslan Dermen includes the Utah polygamist prosecutors say the defendant both conspired with and extorted, the businessman who laundered money to a Turkish airline and a pharmaceutical company, the guitarist for a 1990s Irish rock
October 14, 2019
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Michael B. Gerrard and John C. Dernbach, Editors (Environmental Law Institute) Legal Pathways to Deep Decarbonization in the United States provides a “legal playbook” for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country
October 14, 2019
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by Chuck Abbott (Successful Farming) The U.S. appeals court in Washington unanimously ordered the EPA to reconsider its Renewable Fuel Standard for 2018 because it failed to account for the potential impact of full-throttle corn production on endangered species and habitat. Even though the decision was directed at agency deliberations
October 4, 2019
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by Betsy Lillian (NGT News) Nine environmental advocacy groups are suing the Trump administration over its attempt to prevent California and other states from setting their own vehicle emission standards. The complaint challenges a final rule recently issued by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), which claims that all state programs
October 2, 2019
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by Todd Neeley (DTN Progressive Farmer) Two small refiners not receiving exemptions to the Renewable Fuel Standard in EPA’s latest round of waivers announced on Aug. 9, continue to fight the agency’s rejection in federal court. At the same time, agriculture and biofuel interests continue to wait for a potential biofuels
October 2, 2019
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by Ben Lefebvre (Politico) At a closed-door meeting this summer, oil and gas industry lawyers criticized the Trump administration’s failure to recruit enough qualified people to secure policy victories that would outlast this presidency, according to a recording of the gathering. The audio from an Independent Petroleum Producers of America meeting
September 30, 2019
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(Korein Tillery/Cision) Korein Tillery attorneys filed a class action lawsuit against Archer Daniels Midland Company (“ADM”) in the United States District Court for the Central District of Illinois, alleging that ADM has manipulated a key benchmark for the settlement and pricing of ethanol futures and options contracts dating back to as early as November 2017,
September 12, 2019
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Justice Dept. Launches Antitrust Probe of Automakers over Their Fuel Efficiency Deal with California
by Juliet Eilperin and Steven Mufson (Washington Post) The Justice Department has launched an antitrust investigation of four leading automakers over an agreement they forged with the state of California to maintain higher fuel efficiency standards than those sought by the Trump administration, escalating the stakes in the long-running battle between
September 6, 2019
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by Kelsey Tamborrino (Politico’s Morning Energy) California and the Trump administration will duke it out in court today over EPA’s initial decision to undo Obama-era auto emissions standards. … It’s California vs. Donald Trump today at the D.C. Circuit in an early test of the clash between the state and federal
September 6, 2019
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by Tim Ryan (Court House News) The D.C. Circuit on Friday upheld the Environmental Protection Agency’s renewable fuel standards in the face of challenges from energy companies, biofuel producers and industry groups. Under longstanding EPA policy, the burden of introducing more renewable fuel into the U.S. market falls on fuel
September 3, 2019
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(Renewable Fuels Association) Documents obtained by the Renewable Fuels Association (RFA) show that the Environmental Protection Agency (EPA) ignored strong recommendations from within the Trump Administration to redistribute Renewable Fuel Standard (RFS) blending obligations lost to small refinery exemptions in the proposed rule for 2020 Renewable Volume Obligations (RVOs). According to
August 27, 2019
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by Matt Thompson (Ethanol Producer Magazine) Bryan Stockton gave attendees of the American Coalition for Ethanol’s annual conference in Omaha, Nebraska, an update on some of the litigation affecting the ethanol industry. Stockton is an attorney at Pillsbury Winthrop Shaw Pittman LLP is working on behalf of the industry to
August 26, 2019
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by Alex Guillén (Politico’s Morning Energy) The Trump administration is considering reallocating the volumes of ethanol that were reduced when it allowed dozens of refineries to waive their Renewable Fuel Standard requirements to blend the biofuel with gasoline, four industry sources with knowledge of the discussions told Pro’s Eric Wolff.
August 22, 2019
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by Michael McGrady (Inside Sources) The U.S. Environmental Protection Agency (EPA) is facing a legal challenge from a coalition of biofuel and agriculture industry groups regarding the agency’s proposal for reduced renewable fuel volumes. According to a press release from the coalition, the organizations filed a petition in the U.S. Court of Appeals for the
August 21, 2019
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by By Todd Neeley and Chris Clayton (DTN Progressive Farmer) …The president sided with oil refiners over ethanol producers and corn farmers, just two months after reiterating his support for ethanol at a rally held at Southwest Iowa Renewable Energy in Council Bluffs, Iowa, to celebrate the approval of year-round
August 19, 2019
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(Urban Air Initiative) In a joint petition filed with the U.S. Court of Appeals, a broad alliance of ethanol, agriculture, and clean fuel organizations requested judicial review of a recent U.S. Environmental Protection Agency (EPA) rulemaking that would limit ethanol blending and restrict the use of blender pumps. The Urban Air Initiative
August 12, 2019
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by Humeyra Pamuk (Reuters) A group representing the country’s small fuel retailers has filed a lawsuit this week against the Environmental Protection Agency over its rule lifting a ban on the year-round sales of higher ethanol blends of gasoline, a court filing showed on Friday. … In a filing dated Aug.
August 12, 2019
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by Rebecca Beitsch (The Hill) Thirteen states filed suit against the Trump administration Friday, arguing it was breaking the law by cutting penalties for automakers that do not meet Obama-era fuel efficiency standards. The suit, led by California’s and New York’s attorneys general, goes after a National Highway Transportation Safety Administration (NHTSA) rule that
August 5, 2019
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(Renewable Fuels Association) An agriculture and biofuels coalition has petitioned the U.S. Court of Appeals for the District of Columbia Circuit to lift a stay it placed on a joint 2018 petition asking the court to protect the renewable fuels industry from undue harm caused by the U.S. Environmental Protection Agency.
July 31, 2019
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by Humeyra Pamuk (National Post/Reuters) Small U.S. refineries plan to sue Environmental Protection Agency (EPA) in 60 days, if the agency by then fails to issue its decisions on 2018 petitions for waivers from the nation’s biofuel laws, refiners said in a letter on Wednesday. … Since Trump took office, the EPA
July 19, 2019
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(U.S. Department of Justice) On July 8, 2019, United States District Judge Kimberly J. Mueller sentenced the corporation known as American Biodiesel, Inc. for violations of the Clean Water Act, U.S. Attorney McGregor W. Scott announced. American Biodiesel, Inc., registered in San Joaquin County as Community Fuels, manufactured biodiesel fuel
July 16, 2019
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by Jessica Campisi (The Hill) The Trump administration announced late Friday that it will formally suspend an Obama-era regulation that penalized automakers that didn’t meet fuel-efficiency requirements, Reuters reports. After Congress ordered federal agencies to adjust existing penalties in 2015, the National Highway Traffic Safety Administration (NHTSA) issued rules that more than
July 15, 2019
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by Todd Neeley (DTN Progressive Farmer) … The U.S. Court of Appeals for the District of Columbia Circuit on July 28, 2017, https://www.dtnpf.com/…, ruled the EPA erred in how it interpreted an “inadequate domestic supply” waiver provision in the RFS on 2016 volumes and was required by the court to review the
July 10, 2019
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by Jim Lane (Biofuels Digest) In line with today’s top story on the EPA’s RVOs proposal for 2020, here’s the Advanced Biofuels Association’s take from ABLC 2019 on it all from a history perspective. Mike McAdams, President of Advanced Biofuels Association, looks back at the history of EPA’s small refinery exemptions going
July 8, 2019
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by Meg Cunningham (Roll Call) Rulemaking follows Interior Department actions that drew congressional criticism — A new EPA rule would allow political appointees to review and withhold documents requested by the public under the Freedom of Information Act. The final rule, published Wednesday in the Federal Register, was signed by EPA Administrator
June 26, 2019
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(U.S. Department of Justice) Robert J. Higdon Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned a Superseding Indictment charging the following individuals with conspiracy to commit interstate transportation of stolen goods and money laundering: SALVADOR IBARRA ESCALANTE, age
June 25, 2019
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by Emily Moon (Pacific Standard) It could be years before farmers see any gains from the rollback of E15 restrictions—or before oil interests and environmental groups see any losses. — … For ethanol’s biggest opponents, the deregulation could usher in a whole host of plagues, including environmental hazards and falling oil profits. While
June 13, 2019
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by Richard Valdmanis (Reuters) The main U.S. refining industry association said on Monday it sued to block the Trump administration’s effort to expand sales of higher ethanol blends of gasoline, arguing the move exceeded the administration’s authority. The legal challenge from the American Fuel and Petrochemical Manufacturers (AFPM) association escalated a
June 11, 2019
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(Solutions from the Land) At long last, after years of appeals from biofuel interests, clean air advocates and rural Americans, EPA has lifted the summertime ban on the sale of 15-percent ethanol-blended gasoline (E15). The rule lifting the selective, if not scientifically questionable, prohibition is now in place, having become effective
June 7, 2019
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by Todd Neeley (DTN Progressive Farmer) Predicting how a legal case plays out can be dangerous territory, but an attorney representing ethanol interests in an expected petroleum industry challenge to EPA’s final E15 rule said the agency appears to be on solid ground with the rule. In a Renewable Fuels Association
June 4, 2019
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by William C. Schillaci (EHS Daily Advisor) The EPA’s implementation of the small refinery exemption is one of the more disputed aspects of the federal Renewable Fuel Standard (RFS) program. The major question associated with the exemption appears to be how does the Agency make decisions to approve or deny applications for
June 2, 2019
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by Allen Schaeffer (Diesel Technology Forum) Report Ignores Basic Premise of Settlement, Wrongly Vilifies States that Diversify Spending and Chose Clean Air First — Statement from the desk of Allen Schaeffer, executive director of the Diesel Technology Forum, in response to a report issued … by US Public Interest Research Group (PIRG) and Environment
May 29, 2019
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by Todd Neeley (DTN Progressive Farmer) The EPA and a handful of small refiners won a partial victory in federal court on Friday, in a lawsuit filed by a biofuels interest group calling itself Producers of Renewables United for Integrity, Truth and Transparency, or PRUITT, aimed at stopping the agency’s issuance
May 28, 2019
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by John Siciliano (Washington Examiner) A federal appeals court granted oil refiners a victory Friday by denying a renewable fuel group’s attempt to block the Environmental Protection Agency from exempting oil companies from blending ethanol in gasoline. The U.S. Court of Appeals for the District of Columbia Circuit denied the Advanced
May 21, 2019
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(Argus Media) Higher US biofuel blending mandates cannot make up for lost export trade opportunities, according to farm groups caught in the crossfire of the country’s trade war with China. US independent refiners show little concern that the administration will blunt sharply lower exports to China by pressuring more renewable fuels
May 21, 2019
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by Jim Lane (Biofuels Digest) … (C)onsider this for now a Digested summary of the (Washington, DC) news you can use, as short as we can make it so that we return you to the business of building the bioeconomy that will, increasingly in the now and surely in the
May 14, 2019
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(U.S. Department of Justice) Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Environment and Natural Resources Division (ENRD) and United States Attorney William M. McSwain for the Eastern District of Pennsylvania announced today that a federal jury in Reading, Pennsylvania, convicted David M. Dunham Jr. of the following
May 3, 2019
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(Advanced Biofuels Association/Ethanol Producer Magazine) The Advanced Biofuels Association filed a motion April 24 for a preliminary injunction to prevent U.S. EPA Administrator Andrew Wheeler from granting any additional small refinery exemptions (SREs) to release obligated parties from compliance with the Renewable Fuel Standard until the resolution of its pending lawsuit
April 25, 2019
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(U.S. Department of Justice) Following a 14-day jury trial in Harrisburg, Pennsylvania, Ben T. Wootton, of Enola, Pennsylvania, and Race A. Miner, of Buena Vista, Colorado, were found guilty of one count of conspiracy to make false statements to the Environmental Protection Agency (EPA), six counts of making false statements to
April 24, 2019
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by Meghan Sapp (Biofuels Digest) … As part of his guilty plea, Isler (Josh Harry Isler) admitted that, during August 2013, while employed with DuPont, and after having accepted an offer of employment with a smaller competitor, he stole and misappropriated, without authorization, trade secrets of DuPont. According to admissions contained
April 19, 2019
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by Donnell Rehagen (National Biodiesel Board/Biodiesel Magazine) … This past year we engaged with organizations like National Renderers Association, National Association of Truck Stop Operators, American Soybean Association, Petroleum Marketers of America, and many more. The National Biodiesel Board has strengthened its reach and relationships by increasing regular dialogue with our industry
April 17, 2019
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by Jonathan Ellis (Argus Leader) Sioux Falls-based Poet has asked a federal judge to confirm a multi-million dollar arbitration award it received from a company that it claims botched an ethanol production system at a plant in Iowa. A panel of three arbitrators from the American Arbitration Association held three hearings
April 12, 2019
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by Helena Tavares Kennedy (Biofuels Digest) … ABLC 2019 kicked off on Wednesday with about 540 delegates in Washington, D.C. at the U.S. Department of Agriculture building complete with secret service protection and escorts for some big-name super star speakers, with a pretty exciting vibe in the room. In ABLC terms,
April 8, 2019
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by Bob Egelko (San Francisco Chronicle) California’s Air Resources Board sued the Trump administration Friday for information that might support the federal government’s claim that its proposed weakening of auto emissions standards would save lives. The U.S. Environmental Protection Agency introduced regulations last August to roll back fuel-efficiency standards adopted under
April 8, 2019
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by Todd Neeeley (DTN The Progressive Farmer) 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
March 12, 2019
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by Todd Neeley (DTN The Progressive Farmer) The EPA broke away from Renewable Fuel Standard requirements for granting small-refinery waivers starting in May 2017 and continued to deny a congressional order regarding which refiners qualify, according to a 97-page brief filed in a federal court in Washington, D.C., on Wednesday. The
March 9, 2019
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by Juliet Eilperin and Brady Dennis (Washington Post) As the Trump administration races to roll back Obama’s most ambitious climate rule, it lobbies to get industry on board — Trump officials thought they were doing the auto industry a favor when they decided to freeze gas mileage standards. But automakers aren’t so sure. To
March 8, 2019
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by Jarrett Renshaw (Reuters) U.S. environmental regulators quietly changed the way they assess applications from refineries for waivers from the nation’s biofuels law, making it possible for highly profitable plants to secure lucrative exemptions, according to court documents filed by a biofuels trade group on Thursday. The new documents, part of
March 8, 2019
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by Maxine Bernstein (The Oregonian/OregonLive) Jack Holden and co-defendant Lloyd Benton Sharp together defrauded 12 people who invested in a project to produce biodiesel fuel in the West African nation of Ghana. When the project failed, the two men duped the investors into providing additional funds to support nonexistent projects to transport
February 28, 2019
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by Mario Parker and Jennifer A. Dlouhy (Bloomberg) CVR Energy Inc., backed by billionaire investor Carl Icahn, saved $189 million under the U.S. biofuels mandate last year. That’s largely thanks to a campaign he helped ignite to lower costs for compliance. CVR Energy, an independent oil refiner majority owned by Icahn Enterprises
February 26, 2019
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by Jarrett Renshaw (Reuters) The U.S. Environmental Protection Agency said on Friday it has agreed to conduct a long-delayed study to assess the impact that burning ethanol as a motor vehicle fuel has on air quality. The Sierra Club had filed a lawsuit against the EPA late last year in an
February 23, 2019
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(Biomass Power Association, American Biogas Council and Energy Recovery Council/Biomass Magazine) Three trade associations representing renewable electricity producers today announced the launch of the RFS Power Coalition. The coalition’s purpose is to get the EPA to implement a law passed by Congress in 2007 which mandates the inclusion of qualifying renewable
February 13, 2019
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by Mike Saccone (National Wildlife Federation) The National Wildlife Federation, represented by Earthjustice, filed a lawsuit today against the Environmental Protection Agency alleging that it illegally approved expanded volume production of largely corn- and soy-based biofuels despite evidence that such production destroys habitat, degrades water quality and increases harmful greenhouse gas
February 13, 2019
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by Humeyra Pamuk (Reuters) Biofuels group Growth Energy filed a federal lawsuit against the U.S. Environmental Protection Agency on Monday, challenging the agency’s renewable fuel mandate for 2019 as failing to address rising waived biofuel volumes. “EPA’s inaction on addressing lost gallons due to small refinery exemptions in this rulemaking is a
February 5, 2019
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by John Siciliano (Washington Examiner) Ethanol producers are preparing for major action at the federal level in the months ahead, both in terms of litigation against Trump administration actions on the nation’s renewable fuel mandate and lobbying to finalize rules regarding the ethanol mandate. “You know, 2019 is going to be
January 29, 2019
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(Environmental Defense Fund/WebWire) The Ninth Circuit Court of Appeals issued a decisive ruling upholding California’s Low Carbon Fuel Standard – the state’s landmark program to reduce climate pollution from the fuel used in cars and trucks. The court sided with California on all issues in the case, dismissed challenges to the Low Carbon
January 22, 2019
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by Brian Jennings (American Coalition for Ethanol/Ethanol Producer Magazine) Looking back to one year ago, ethanol renewable identification numbers (RINs) were fetching nearly 70 cents (a valuable incentive for ethanol blending), exports were swelling to record volumes, and EPA was promising to consider granting Reid vapor pressure (RVP) relief for E15.
January 2, 2019
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by Kelsey Tamborrino (Politico’s Morning Energy) THROTTLED: An administration official told Pro’s Zack Colman that EPA and NHTSA would reduce its projection for saved lives in its forthcoming finalized fuel economy rule. The reason: The agencies are revising estimates for how quickly motorists would ditch their cars and how many
December 4, 2018
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by Timothy Cama (The Hill) A federal court won’t dismiss a challenge by Democratic states and green groups to a key part of the Trump administration’s plan to roll back car fuel efficiency and emissions standards. At issue is the Environmental Protection Agency’s (EPA) April determination that the Obama administration’s plan to make
November 26, 2018
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by Jarrett Renshaw (Reuters) A group representing biofuel companies asked a federal judge on Tuesday to force the U.S. Environmental Protection Agency to stop exempting small refineries from renewable fuel laws until a lawsuit challenging the agency’s actions is resolved. Producers United argued, among other things, the EPA violated the law
November 15, 2018
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by Wayne Lee (Lee Enterprises Consulting/Biofuels Digest) In August 2017, I published an articlewhich focused on important things that attorneys involved in biofuels or biochemical litigation should look for when choosing an expert witness. This article explores the subject of expert witnesses in a bit more depth, including where to find
November 12, 2018
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by Timothy Cama (The Hill) Major automakers are pushing the Trump administration to abandon its plan to roll back climate change rules for cars. Companies had emphatically encouraged the Environmental Protection Agency (EPA) and Department of Transportation (DOT) to undo the Obama administration’s plans to ratchet up greenhouse gas emissions and
November 8, 2018
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by Michael McAdams (Biomass Magazine/Advanced Biofuels Association) As we approach the end of 2018, we reflect on a year that was full of surprises for the biofuels industry. What stands out the most was former U.S. EPA Administrator Scott Pruitt’s application of small refinery exemptions (SREs) under the Renewable Fuels Standard to
November 6, 2018
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by Dan Looker (Success Farming) When President Donald Trump told a campaign rally in Council Bluffs, Iowa, last month that his administration will approve year-round sales of E15, farmers and the ethanol industry were pleased. They looked forward to more sales of the gasoline blend with 15% ethanol as early as
November 6, 2018
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(Office of Senator Dianne Feinstein) Senator Dianne Feinstein (D-Calif.) today was joined by 22 senators in calling on the Trump administration to end its challenge of California’s authority to set vehicle emission standards. The senators represent states that follow California’s standards. “The changes you have proposed to this carefully negotiated program are
October 24, 2018
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by Jessie Stolark (Environmental and Energy Study Institute) … After Tuesday’s announcement, the oil industry and some environmental groups were quick to claim that increasing the volume of ethanol in the fuel supply would worsen air quality. However, the evidence suggests otherwise. An obscure piece of air quality regulation—Reid Vapor Pressure
October 15, 2018
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by Chris Clayton and Todd Neeley (DTN The Progressive Farmer) Leading into President Donald Trump’s trip to Council Bluffs, Iowa, on Tuesday, a senior White House official said Tuesday that the president has directed the Environmental Protection Agency to create a new rule allowing year-round sales of 15% ethanol blends. Monte
October 9, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) A panel of D.C. Circuit appellate judges today will hear yet another iteration of arguments over the Renewable Fuel Standard. The court has allowed an hour and 40 minutes to delve into the issues at stake, and if ME’s experience is any guide, they
October 5, 2018
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