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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,
Federal Litigation
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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(U.S. Department of Justice) A Harrisburg, Pennsylvania man pleaded guilty yesterday in federal court to one count of conspiring to defraud the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice
October 5, 2018
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(U.S. Department of Justice) The Department of Justice and the Environmental Protection Agency (EPA) today announced a settlement with NGL Crude Logistics, LLC that requires the company to retire 36 million renewable fuel credits and pay a $25 million civil penalty under the settlement to resolve violations of the Renewable Fuel
October 1, 2018
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by Michael McAdams (Advanced Biofuels Association) … When testifying recently before the Senate Environment and Public Works Committee, the acting administrator was judicious in answering questions about EPA’s small refinery exemptions (SREs). He has publicly stated that there should be more transparency in the process for granting SREs, and that it would
September 21, 2018
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by Dave Stafford (The Indiana Lawyer) Evansville-based Imperial Petroleum Inc. has been ordered to pay nearly $32 million to the Securities and Exchange Commission after it failed to reply to the SEC’s court filings seeking damages in a biofuels fraud case that resulted in prison time for the former company president. Senior
September 21, 2018
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by Tammy Duckworth (Quad City Times) … Time and again, he’s (Judge Brett Kavanaugh) chosen Big Oil over everyday Americans, serving as the lone dissenter in decisions that have pitted the fossil fuel industry against our farmers. In a recent case, Grocery Manufacturers Assoc. v. Environmental Protection Agency, he proved
September 10, 2018
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by Geoff Cooper (Renewable Fuels Association/Ethanol Producer Magazine) : Incoming RFA President and CEO Geoff Cooper addresses the small refiner exemptions issued by the U.S. EPA last year, and how they affect the ethanol market — The U.S. EPA remains committed to meeting the statutory deadline for finalizing the 2019 Renewable Fuel
September 7, 2018
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(Renewable Fuels Association) The Renewable Fuels Association (RFA) and Growth Energy today filed a lawsuit in federal district court, alleging that the Environmental Protection Agency (EPA) and Department of Energy (DOE) have improperly denied agency records requested by RFA, Growth Energy, and others under the Freedom of Information Act (FOIA).
September 4, 2018
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by Brian Jennings (American Coalition for Ethanol/Ethanol Producer Magazine) … Consider this a blueprint for restoring the trust EPA has broken with farmers and rural America. 1. Make good on the president’s promises to allow E15 use year-round. Trump has made three or four public promises to allow E15 use year-round and
September 3, 2018
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by Todd Neeley (DTN The Progressive Farmer) Two leading ethanol interest groups and one of the nation’s largest ethanol producers asked a federal court on Thursday to force two federal agencies to hand over records related to the issuance of small refinery waivers to the Renewable Fuel Standard. In a lawsuit
August 31, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) EPA wants 14 months to finish up an air quality study of the Renewable Fuel Standard, saying in a court filing Monday that the timeline “is the most expeditious one for the agency to complete the anti-backsliding study.” The study could ultimately lead to
August 14, 2018
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by Dan Looker (Successful Farming) Lawsuits and EPA petitions are in the works. — … “I would say the status quo right now is unacceptable for the industry,” says Emily Skor, CEO of Growth Energy. “If he’s (President Donald Trump) supportive of year-round E15, let’s do it. Let’s see it.” These
August 10, 2018
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by Jessie Stolark (Environmental and Energy Study Institute) … Biogas – Turning Hog Waste into Resources — Biogas technologies turn organic wastes, including manure, into energy and compost. When manure is turned into biogas, the smells, poor health effects, and methane emissions associated with hog farms are drastically reduced. At a
August 10, 2018
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(U.S. Department of Justice) A Colorado business owner pleaded guilty today to conspiracy to impair and impede the Internal Revenue Service (IRS) for his role in a $7.2 million renewable fuel tax credit scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. According to
August 9, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) The Trump administration’s proposed freeze of vehicle fuel efficiency standards sought by the Obama administration and plan to end California’s power to enforce its own rules has placed the spotlight squarely on the state, where its political leaders are vowing an all-out fight . California
August 3, 2018
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by Brady Dennis, Michael Laris and Juliet Eilperin (The Washington Post) The Trump administration on Thursday announced plans to freeze fuel efficiency requirements for the nation’s cars and trucks through 2026 — a massive regulatory rollback likely to spur a legal battle with California and other states, as well as create potential upheaval in the
August 2, 2018
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(National Biodiesel Board) NBB brief is the first to challenge EPA’s accounting for small refinery “hardship” exemptions in the annual RFS volumes — On Friday July 27, 2018, the National Biodiesel Board filed an opening brief in its lawsuit objecting to EPA’s methodology for establishing the 2018 Renewable Fuel Standards (RFS). NBB
August 1, 2018
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by Todd Neeley (DTN The Progressive Farmer) Appeals Court to Hear Whether EPA Followed Law Prior to Granting Exemptions — The 10th Circuit Court of Appeals in Denver will hear a Renewable Fuels Standard lawsuit challenging EPA’s issuance of small refinery waivers, after the court ruled on Friday it is the proper
July 31, 2018
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by Alex Guillén (Politico’s Morning Energy) The Trump administration is expected to formally roll back vehicle fuel economy and emissions requirements later this week, and a draft version of the EPA-NHTSA rule posted Friday evening by The New York Times offers up details that confirm the many of the changes previously
July 30, 2018
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by Tom DiChristopher (CNBC) A federal judge dismissed New York’s lawsuit against five big oil and gas companies for their role in climate change. New York argued the companies should compensate the city for the cost of mitigating the effects of global warming. U.S. District Court Judge John F. Keenan ruled that problems associated
July 23, 2018
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(Ergon – West Virginia, Inc./Business Wire) Ergon – West Virginia, Inc., Wrongfully Denied Small Refinery Hardship Relief — The United States Court of Appeals for the 4th Circuit has vacated and remanded the United States Environmental Protection Agency’s (EPA) denial of a 2016 petition for small refinery hardship filed by
July 20, 2018
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by Amanda Reilly (E&E News) The Trump administration on Friday asked a federal court to throw out a lawsuit over EPA’s decision to exempt refiners from annual renewable fuel requirements. Government lawyers raised procedural arguments against the suit in the U.S. Court of Appeals for the District of Columbia Circuit, including
by David Shepardson (Reuters) California is ready to work with major automakers on revisions to greenhouse gas emission vehicle rules through 2025 and sees a “window” for a deal in the coming months, the state’s top clean air regulator told Reuters on Monday. Air Resources Board chair Mary Nichols said in
July 10, 2018
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by John Siciliano (Washington Examiner) President Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court could be good news for the ethanol industry and clean energy programs where adherence to the law is often challenged. Trump said Kavanaugh, in his twelve years as a judge on the D.C. Circuit Court of Appeals,
July 10, 2018
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by Robinson Meyer (The Atlantic) A new justice will likely weaken the Clean Air Act, Clean Water Act, and Endangered Species Act. — … With Kennedy gone, a more conservative Supreme Court could overhaul key aspects of the Clean Air Act, the Clean Water Act, and the Endangered Species Act, legal scholars
June 29, 2018
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by Jeff Barber (Opisnet) PA’s failure to include in its proposed 2019 Renewable Volume Obligation (RVO) an estimated 500 million gal of renewable fuels that a federal appeals court last year said the agency illegally excluded from its 2016 biofuel targets may be headed toward another round of litigation, a biofuels
June 28, 2018
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(U.S. Department of Justice) A federal grand jury for the District of Colorado has returned an indictment, which was unsealed today, charging two Colorado business owners with conspiring to defraud the United States and to commit money laundering, money laundering and filing false claims, announced Principal Deputy Assistant Attorney General Richard
June 21, 2018
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by Mark Shenefelt (Standard-Examiner) In 2014, the Box Elder County Redevelopment Agency created a $2.5 million, seven-year tax increment program to support expansions planned at the Washakie Renewable Energy plant in Plymouth. But the county economic development director said Wednesday, June 13, 2018, the program still has not been triggered because
June 18, 2018
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by Erin Voegele (Biomass Magazine) On June 13, the Senate ag committee approved the its version of the 2018 Farm Bill with bipartisan support. The legislation includes an amendment offered by Sen. Amy Klobuchar, D-Minn., that restores mandatory funding to Farm Bill Energy Title programs. The legislation, officially titled the Agriculture
June 14, 2018
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(Growth Energy) Coalition Petitions EPA to Revise the Way It Calculates Annual Renewable Fuel Obligations; EPA Is Failing to Comply with Statutory Mandate — Today a coalition of biofuel and agriculture groups petitioned the U.S. Environmental Protection Agency (EPA) to change its regulations to account for lost volumes of renewable fuel resulting from the
June 4, 2018
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(Solutions from the Land) One of the three pillars of climate-smart agriculture is actions that farmers can take to reduce greenhouse gas (GHG) emissions and simultaneously improve profitability. A principal means by which the agriculture sector can help governments around the world reach global emission-reduction goals is through the production
May 31, 2018
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by Chris Prentice and Jarrett Renshaw (Reuters) A coalition of ethanol and farm groups sued the U.S. Environmental Protection Agency on Tuesday, challenging its decision to free three refineries, including one owned by billionaire investor Carl Icahn, from annual biofuels requirements. The groups, including the Renewable Fuels Association and the National
May 30, 2018
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by Abby Smith (Bloomberg) Lawsuits seek to force consideration of prior data in fuel economy proposal; Automakers expect fuller analysis, data to back up agencies’ proposed options — Lawsuits over the EPA’s April fuel economy determination are more than just a preemptive strike, challengers say: They’re an effort to force the agency to
May 24, 2018
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by Ryan Felton (Jalopnik) Major automakers are still reeling from the sudden realization they’ve collectively succumbed to Stockholm Syndrome, after they buddied up with President Donald Trump to alter fuel economy standards set by his predecessor. Since Trump went waaaay further than the automakers could’ve ever conceived, the industry’s lobbyists who vied for the changes
May 22, 2018
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by Jim Lane (Biofuels Digest) … But they’re part of the Washington dialogue this month, waivers and easy outs, since reports surfaced in media that the US Environmental Protection Agency granted a Renewable Fuel Standard hardship waiver for CVR Energy’s Wynnewood, Oklahoma oil refinery. One of many such waivers granted, though the
by Joanne Ivancic* (Advanced Biofuels USA) The Trump Administration is taking a new look at Obama Administration era Co2 regulations. On the transportation side, these include reviewing Corporate Average Fuel Economy (CAFE) standards; threatening to take away California’s authority to set their own mileage and pollution controls, including CO2 (carbon dioxide)
by Gavin Blade (Utility Dive) o A coalition of utilities and electric transportation companies sued the Enviornmental Protection Agency earlier this month over its efforts to roll back automotive fuel efficiency standards set by the Obama administration. The suit, first reported by Axios, includes a dozen utilities, seven of which are Exelon or
May 21, 2018
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by John Siciliano (Washington Examiner) The Environmental Protection Agency is meeting with California officials this week in Washington to negotiate the creation of a national fuel efficiency standard after the state sued the Trump administration over its proposed easing of the rules. “We think changes need to be made, and we
May 17, 2018
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(DSM/PR Newswire) Royal DSM, a global science-based company active in health, nutrition and materials received unanimous jury verdict in a Federal Court in Wisconsin concluding that all glycerol reducing ethanol yeast products sold by Lallemand infringe DSM’s US Patent 8,795,998. After several failed attempts between the parties to settle out of
May 17, 2018
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by Betsy Lillian (NGT News) Several environmental and public interest groups have filed a lawsuit against the U.S. Environmental Protection Agency (EPA) in response to the agency’s April 2 announcement to roll back vehicle emissions standards. The suit was filed on Tuesday by the Center for Biological Diversity, the Conservation Law Foundation,
May 17, 2018
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by David Shepardson (Reuters) The Trump administration is moving ahead with plans to submit a series of options for softening fuel efficiency standards to the White House for approval in the coming week, two officials briefed on the matter Tuesday said. The U.S. Transportation Department has drafted a proposal likely to be
May 16, 2018
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by Jarrett Renshaw and Chris Prentice (Reuters) The Trump administration will scale back the use of biofuels waivers for small refineries and count ethanol exports toward federal biofuels usage quotas as part of a broad overhaul of the nation’s renewable fuel policy, a source briefed on the plans said on Friday. The
May 14, 2018
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(U.S. Department of Justice) Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph H. Harrington for the Eastern District of Washington, announced that Jin Chul “Jacob” Cha, 41, of Tustin, California, who pleaded guilty on January 11, 2018 to
May 10, 2018
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by Michael McAdams (Advanced Biofuels Association/Biomass Magazine) At ABFA, we’ve been keeping our eyes on the U.S. EPA during the first quarter of 2018. The EPA’s actions over the next several months will have ripple effects through the industry, in the RIN markets, and on Capitol Hill. As such, I think
May 9, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) The looming fight between the Trump administration and the state of California over climate change rules for cars will cover some familiar terrain – where the liberal state and its environmentalist allies have won major legal battles in the past, Pro’s Alex Guillén reports.
May 9, 2018
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by Camille von Kaenel (E&E News) … The Trump administration’s efforts to weaken vehicle pollution requirements could set up a split U.S. market, concentrating fuel-efficient cars in mostly Democratic states and gas guzzlers in the red states. President Trump’s plans could drastically skew how much consumers pay for the same cars,
May 4, 2018
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by Sonari Glinton (National Public Radio) Martin Winterkorn, the former head of Volkswagen, was indicted on Thursday along with five other former VW executives on charges of conspiracy and fraud in connection with a years-long scheme by the automaker to cheat on auto emissions tests. Winterkorn, who led VW from 2007
May 4, 2018
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by Todd Neeley (DTN The Progressive Farmer) Sen. Charles Grassley, R-Iowa, mentioned on Tuesday he wants to change language in recent appropriations bills approved by Congress in the past three years. Grassley told agricultural journalists the language may be one of the reasons why the EPA has expanded the number of
May 3, 2018
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by Jarrett Renshaw (Reuters/Successful Farming) The Trump administration has invited a group of U.S. senators to the White House early next week to discuss biofuels policy, the latest in a series of such meetings aimed at helping refiners cope with the Renewable Fuel Standard, according to two sources familiar with the matter. The senators
May 3, 2018
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by John O’Dell (Trucks.com) “Stay the course” is the message a panel of leading clean vehicle developers, users and regulators delivered Tuesday in the wake of the Trump Administration’s plan to roll back tough fuel economy and emissions regulations developed under former President Barak Obama. Speakers at a “global trends” panel
May 2, 2018
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by Jarrett Renshaw (Reuters) A biofuels trade group asked a federal court on Tuesday to rule whether the U.S. Environmental Protection Agency violated the law in granting a growing number of small refineries exemptions from renewable fuel laws, according to a court filing. The Advanced Biofuels Association (ABFA), which counts oil
May 2, 2018
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by Raphael Orlove (Jalopnik) Our emissions standards are probably the biggest booster to automotive performance in the past half century, making our cars not only more eco-friendly but more powerful, too. Trump has been trying to cut it all down, but now California and 16 other states suing to stop him. … …
May 1, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) The Trump administration plans to argue that California does not have the authority to enforce stringent greenhouse gas emissions standards for cars, despite the Obama administration’s 2009 waiver, according to a source familiar with a forthcoming proposed regulation. The draft, which is a National Highway Traffic
April 30, 2018
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(Urban Air Initiative) In an effort to rebut erroneous assumptions about ethanol’s health effects in a lawsuit filed by the Sierra Club, the Urban Air Initiative submitted an amicus brief describing the health benefits of blending ethanol into gasoline. The Sierra Club sued the Environmental Protection Agency (EPA) for failing to
April 6, 2018
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by Jarrett Renshaw and Chris Prentice (Reuters) The U.S. Environmental Protection Agency has approved the request of 25 small refineries to be exempted from the nation’s biofuels laws, an agency source said on Wednesday, marking a big increase from previous years and triggering an outcry from farm groups worried the move
April 5, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) A Delaware Bankruptcy judge approved a consent decree between EPA and bankrupt refiner Philadelphia Energy Solutions, allowing PES to get out of much of its obligation under the Renewable Fuel Standard for 2016, 2017 and 2018. Growth Energy, which filed an objection with the court,
April 5, 2018
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by Timothy Cama and Miranda Green (The Hill) California officials promised Monday to put up a fight against the Trump administration’s newly announced decision to lower standards for car tailpipe emissions. The Environmental Protection Agency (EPA) declared Monday afternoon that the Obama-era greenhouse gas rules for cars made between 2022 and 2025
April 3, 2018
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(Biotechnology Innovation Organization) BIO is greatly concerned by the Department of Justice’s and Environmental Protection Agency’s proposed Settlement Agreement to resolve a dispute about the PES Holdings’ obligations under the Renewable Fuel Standard. … This Settlement Agreement undermines the goals of the RFS by allowing refiners like the Debtors to
April 2, 2018
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by Chris Clayton (DTN The Progressive Farmer) A special assistant to President Donald Trump on agriculture said Wednesday, “the search for a win-win continues” in the debate over how to relieve oil refiners of their obligations under the Renewable Fuels Standard. Ray Starling, a special assistant to the president, spoke at
March 22, 2018
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by Ron Kotrba (Biodiesel Magazine) The public comment period opened March 16 after publication in the Federal Register on the proposed consent decree and environmental settlement agreement lodged by the U.S. Department of Justice with the U.S. Bankruptcy Court for the District of Delaware in the PES Holdings bankruptcy case. According to the Federal
March 21, 2018
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by Jarrett Renshaw (Reuters) The state of Pennsylvania wants a federal judge to halt the bankruptcy of Philadelphia Energy Solutions (PES), arguing the refiner owes an estimated $3.8 billion in fuel taxes, according to a court filing on Friday. The state’s Department of Revenue said the refiner must make several changes
March 20, 2018
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by Kurtis Alexander (San Francisco Chronicle) A San Francisco judge who must decide whether to hold the world’s largest oil companies responsible for global warming is ordering up what many are calling the most comprehensive, and unusual, debate on climate change that the courts have seen. Fossil-fuel corporations including Chevron,
March 20, 2018
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by Susan Reidy (World-Grain.com) A $1.5 billion settlement has been reached in the nationwide class action suit over Syngenta’s genetically modified corn seed. It is believed to be one of the largest agricultural settlements in U.S. history. The settlement covers all U.S. corn producers, grain handling facilities and ethanol plants who
March 14, 2018
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by Kelsey Tamborrino (Politico’s Morning Energy) EPA will allow bankrupt refinery Philadelphia Energy Solutions to meet only a portion of its outstanding obligation under the Renewable Fuel Standard as part of a settlement filed with the Bankruptcy Court in Delaware Monday. PES has blamed its financial failure on the RFS,
March 13, 2018
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by Cara Bayles (Law 360) A trade group representing small fuel retailers can’t challenge U.S. Environmental Protection Agency benchmarks for renewable fuels blended into the nation’s gas and diesel supply because its members aren’t subject to the rule, the agency told the D.C. Circuit Tuesday. The EPA said there were “fatal defects”
February 22, 2018
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(National Biodiesel Board) Commerce Department Finds That Argentina and Indonesia Sell Biodiesel Imports Below Fair Value in US — The National Biodiesel Board (NBB) Fair Trade Coalition won a final antidumping determination from the Commerce Department. The department found that biodiesel imports from Argentina and Indonesia are sold into the United States
February 22, 2018
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by Tim Pearce (Daily Caller) Two environmental groups sued the Trump administration Friday over the threat that the 2018 renewable fuel volume standards pose to endangered species. The Sierra Club and the Gulf Restoration Network are targeting the Environmental Protection Agency (EPA) for not consulting wildlife agencies before finalizing the latest
February 11, 2018
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by Bernadette Christina Munthe, Maximiliano Rizzi and Fransiska Nangoy (Reuters) Indonesia plans to file a case against the U.S. Department of Commerce at the U.S. Court of International Trade over anti-subsidy duties imposed on Indonesian biodiesel shipments, a Trade Ministry official said on Friday. The Indonesian government is also planning
February 6, 2018
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by Todd Neeley (DTN The Progressive Farmer) The biofuel and petroleum industries are back in court as both sides argue the Environmental Protection Agency should have implemented the Renewable Fuel Standard differently in 2017. Attorneys for biofuels and petroleum interests filed court briefs in the United States Court of Appeals for
January 25, 2018
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by Adam Lidgett (Law 360) Refiners and a biodiesel trade group have taken aim at a U.S. Environmental Protection Agency rule that set the levels of renewable fuel that must be blended into the nation’s fuel supply, with the refiners telling the D.C. Circuit Monday the agency wrongly shifted the compliance burden
by Scott Waldman (E&E News) Scott Pruitt is one of the Trump administration’s most aggressive critics of climate change science, but lately he’s been talking about the dangers of greenhouse gas. Well, one greenhouse gas in particular: methane. … But when it comes to methane, Pruitt has found common ground with
January 24, 2018
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by Bill de Blasio (New York City Mayor/Washington Post) … America’s largest city, 8.5 million strong, is taking decisive action on two separate fronts. We are demanding compensation from those who profit from climate change. And we plan to withdraw our formidable investment portfolio from an economic system that is harmful
by Michael McAdams (Advanced Biofuels Association/Biomass Magazine) Last year was among the most active and interesting years we’ve seen in the biofuels space. The industry has confronted multiple challenges over the past 12 months, culminating in meetings between senators supportive of the oil industry, and President Trump to discuss the future
January 5, 2018
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by Brian Jennings (American Coalition for Ethanol/Ethanol Producer Magazine) … ACE believes the best way to grow demand well into the future is to harness the low-carbon, high-octane value of ethanol. That’s why we were very encouraged that for the first time ever, EPA requested information in 2017 on the role
January 3, 2018
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by Allen Schaeffer (Diesel Technology Forum/The Hill) … The Sierra Club’s has offered a one size, all-electrification-fits-all recommendation — that would just be another bad choice that would actually lead to dirtier air for a longer time. There is more than one way to achieve cleaner air. This type of approach focused on
January 3, 2018
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by Geoff Dembicki (Vice.com) The attorney who won a $200 billion settlement from tobacco companies in the 90s has set his sights on an even bigger target. When you want to sue the largest, most powerful companies on the planet, Steve Berman is the guy you call. … He represented auto dealers in
January 2, 2018
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(National Biodiesel Board) NBB Fair Trade Coalition Filed Cases on Harm from Biodiesel Imports from Argentina and Indonesia — Today the International Trade Commission (ITC) voted 4-0 in favor of the National Biodiesel Board (NBB) Fair Trade Coalition’s position that the industry has suffered because of unfairly subsidized imports of biodiesel from
December 5, 2017
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by Christie Smythe (Bloomberg Technology) (Oliver) Schmidt to be sentenced on Dec. 6 over emissions scandal; ‘Regrettably, I agreed to follow it’; faces 7 years in prison — … In a letter to the judge last week, Schmidt, former general manager of Volkswagen’s U.S. Environment and Engineering Office, said he first learned
December 4, 2017
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by Lisa V. Mueller (Michael, Best & Friedrich/Biofuels Digest) On November 27, 2017, the Supreme Court of the United States will hear arguments in Oil States Energy Services LLC. v. Greene’s Energy Group. It’s no “ho-hum” case. If you or your company has any issued patents or is worried that you may
November 30, 2017
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by Eric Walsh (Reuters) The U.S. Commerce Department set preliminary antidumping duties on imports of biodiesel from Argentina and Indonesia, after an initial finding that the products used as motor fuel were being sold at prices below market value in the United States. The antidumping duties set range from 54.36 percent to
October 25, 2017
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(Argus Media) US independent refiners seized on protectionist themes and two key biofuel industry victories this year to argue regulators must reduce federally mandated blending of renewable fuels. Refiners framed a US-first pitch to slash more than 1bn USG — almost 7pc — of total proposed biofuel mandates in comments submitted
October 4, 2017
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(Urban Air Initiative/Ethanol Producer Magazine) A judge rules that the Urban Air Initiative should have access to more EPA documents discussing test fuels. The D.C Federal Judge made the ruling in regards to a Freedom of Information Request (FOIA) Urban Air filed for emails sent between EPA employees and oil company representatives about
October 3, 2017
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US Ethanol Industry Razzes 2019 Renewable Fuel Standard Proposal: The Why and the Who
by Jim Lane (Biofuels Digest) The 2019 proposed US Renewable Fuel Standard proposed volumes attracted a major raspberry from the ethanol industry. As the American Coalition for Ethanol noted: “Unfortunately, EPA continues to take actions which undermine the letter and spirit of the statute and harm the rural economy. While refiners