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(Renewable Fuels Association) In response to an emergency motion filed Tuesday evening by the Renewable Fuels Association, the U.S. Court of Appeals for the D.C. Circuit today ordered that EPA’s action on Tuesday to grant three small refinery petitions must be “administratively stayed pending further order of the court.” The order prevents EPA
Federal Litigation
(Renewable Fuels Association) The Renewable Fuels Association filed a petition for review and an emergency motion to stay the effectiveness of three small refinery exemptions granted Tuesday evening by the U.S. Environmental Protection Agency with less than 24 hours remaining in the Trump administration. “EPA’s decision will inflict substantial, immediate, and irreversible harm” on U.S.
January 21, 2021
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by Bruce Comer and Frank Kim (Ocean Park Advisors/Biofuels Digest) COVID-19 further plagues the already challenged North American biofuels M&A market, while capital investments thrive. — Biofuels merger and acquisition (M&A) activity in North America remained sluggish in 2020. For the second consecutive year, no large-scale, operating biofuels plant changed
January 21, 2021
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(Agri-Pulse) It’s been an eventful two weeks on Capitol Hill, and the impacts could linger for an extended period of time. Illinois Republican Rodney Davis, a veteran of the House Agriculture Committee and the ranking member of the House Administration Committee, joins Agri-Pulse to discuss the current outlook for Congress
January 19, 2021
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by Erin Voegele (Biomass Magazine) Members of the House Biofuels Caucus sent a letter to President Trump on Jan. 12 urging him to direct the U.S. EPA to immediately reject any pending small refinery exemption (SRE) requests that do not meet criteria established by the Tenth Circuit Court of Appeals in its January
January 15, 2021
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by Marc Heller (E&E News) To Sen. Chuck Grassley, only one prospect may be scarier than putting the politics of ethanol before the Supreme Court: letting his colleagues in Congress vote on it. READ MORE
January 15, 2021
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by Erin Voegele (Ethanol Producer Magazine) A group of six democratic senators sent a letter President-elect Joe Biden on Jan. 11 urging his administration to support U.S. farmers and the biofuels industry by restoring the integrity of the Renewable Fuel Standard. The letter, signed by Sens. Tammy Duckworth. D-Ill.; Amy Klobuchar,
January 13, 2021
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by Jennifer Shike (Farm Journal Ag Web) With just eight days left in EPA Administrator Andrew Wheeler’s term, president and CEO of the Renewable Fuels Association (RFA) Geoff Cooper told AgriTalk’s host Chip Flory on Tuesday that he’s not surprised by reports that EPA may grant some waivers to oil
January 13, 2021
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(Renewable Fuels Association) On “Day One” in office, President-elect Biden’s incoming administration can immediately secure 10.7 million metric tons of greenhouse gas (GHG) reductions simply by rejecting the 66 pending waiver requests from oil refiners who are looking to dodge their Renewable Fuel Standard (RFS) obligations. In addition, another 1.2 million
January 12, 2021
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by Stephanie Kelly, Jarrett Renshaw (Reuters) The Trump administration is expected to grant waivers to some oil refiners that would exempt them from requirements to blend biofuels into their fuel mix for the 2019 compliance year, according to two sources familiar with the matter. The move would be one of
January 12, 2021
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by Todd Neeley (DTN Progressive Farmer) The Supreme Court will review a ruling from the U.S. Court of Appeals for the 10th Circuit in Denver that found EPA mishandled the small-refinery exemptions program in the Renewable Fuel Standard. The 10th Circuit ruling in January 2020 led the EPA to reject more
January 11, 2021
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(Renewable Fuels Association) Today (January 7, 2021), a coalition of the nation’s largest biofuels and agricultural trade groups filed its reply in support of its motion in the U.S. Court of Appeals in the District of Columbia. The motion, originally filed on November 23, 2020, asks the court to enforce its
January 11, 2021
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(KROXAM) On Wednesday, January 6, the Minnesota Automobile Dealers Association (MADA) filed a lawsuit in Federal District Court alleging Minnesota lacks the authority under the Federal Clean Air Act to regulate motor vehicle emissions and is preempted under federal law from moving forward with its rules to adopt California vehicle emissions
January 8, 2021
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(Growth Energy) In a court filing today (January 5, 2021), Growth Energy and the Renewable Fuels Association continued to call on the U.S. Environmental Protection Agency and the Department of Energy to release the names and locations of refineries granted exemptions from their Renewable Fuel Standard obligations. Growth Energy CEO Emily
January 6, 2021
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by Kelsey Tamborrino (Politico’s Morning Energy) A consent decree published today in the Federal Register gives EPA until Feb. 19 to decide whether to exempt a refinery owned by United Refining Co. in Pennsylvania from the 2019 Renewable Fuel Standard requirements. EPA hasn’t made a decision on any of the 32
January 4, 2021
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by Brian Jennings (American Coalition for Ethanol/Ethanol Producer Magazine) The American Coalition for Ethanol is ready to execute on Accelerate, a roadmap for sparking new demand for ethanol. The plan is built around implementing new clean fuel policies, protecting what already exists and growing ethanol markets globally. … Indeed, a
December 30, 2020
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by Todd Neeley (DTN Progressive Farmer) As biofuel producers attempt to force EPA to restore 500 million gallons that a court found were improperly waived from the Renewable Fuel Standard in 2016, a petroleum interest group is arguing those groups have no right to have the gallons remanded. In 2017, the
December 30, 2020
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by Todd Neeley (DTN Progressive Farmer) Each year, DTN publishes our choices for the top 10 ag news stories of the year, as selected by DTN analysts, editors and reporters. Today, we continue the countdown with No. 9 looking at some of the challenges ethanol faced during 2020, including shutting
December 21, 2020
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by Miranda Green (The New Republic) … California’s pathbreaking climate measures range from a ban on future car combustion engine sales to setting a historic 100 percent clean energy goal by 2045. And in order to implement Joe Biden’s still more ambitious campaign promise to run the country entirely on carbon-free energy by 2035, the transition
December 11, 2020
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by Kelsey Tamborrino (Politco’s Morning Energy) The Justice Department asked the Supreme Court not to review the 10th Circuit Court of Appeals decision creating a strict new definition of who qualifies for small refinery exemptions under the Renewable Fuel Standard. The administration had refrained from its own appeal, but the
December 10, 2020
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(Renewable Fuels Association) The Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union today filed a brief challenging EPA’s August 2019 decision to exempt 31 small refineries from their obligations to comply with the Renewable Fuel Standard in 2018. Collectively known as
December 9, 2020
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by Peter Hall (Morning Call) The owner of an Allentown biofuel company who pleaded guilty to a conspiracy to fraudulently claim green energy subsidies was sentenced to prison and ordered to repay the government more than $10 million. Ralph Tommaso, 51, of Warren, New Jersey, and business partner Dave Dunham
December 8, 2020
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(Growth Energy) Growth Energy submitted a notice of intent to sue letter to the Environmental Protection Agency (EPA) regarding its failure to fulfill its statutory obligation to issue the 2021 Renewable Volume Obligation (RVO) by November 30th, 2020, an annual deadline set by the Renewable Fuel Standard (RFS). The notice gives EPA 60
December 3, 2020
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(Renewable Fuels Association) Today, a coalition of the nation’s largest biofuels and agricultural trade groups filed a motion in the U.S. Court of Appeals in the District of Columbia asking the court to enforce its 2017 decision requiring the U.S. Environmental Protection Agency (EPA) to address its improper waiver of 500 million gallons of biofuel demand in the 2016 renewable volume obligation (RVO).
November 24, 2020
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by Rebecca Beitsch (The Hill) … General Motors will no longer be siding with the Trump administration in a legal battle to hinder California’s ability to set tougher vehicle emissions standards. In a letter to environmental groups involved in the same suit, General Motors said they have withdrawn from the litigation,
November 24, 2020
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by Erin Voegele (Ethanol Producer Magazine) The U.S. EPA released updated small refinery exemption (SRE) data on Nov. 19, reporting that six additional SRE petitions have been filed with the agency, including one for Renewable Fuel Standard compliance year 2019 and five for compliance year 2020. No other changes were made
November 20, 2020
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by Sebastien Malo (Reuters/WestLaw) A federal appeals court vacated for the second time on Tuesday a U.S. Environmental Protection Agency denial of small oil refinery Ergon West Virginia Inc’s (EWVI) request for an exemption from the country’s biofuel regulations after finding the agency had treated a similar business differently, to EWVI’s
November 18, 2020
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by Todd Neeley (DTN Progressive Farmer) Add six more ethanol companies to the list of plaintiffs suing Archer Daniels Midland, alleging one of the nation’s largest ethanol producers manipulated the market. Wisconsin producers United Wisconsin Grain Producers, Didion Ethanol, Ace Ethanol, Fox River Valley Ethanol, Badger State Ethanol and Iowa producer Pine
November 16, 2020
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by Todd Neeley (DTN Progressive Farmer) The EPA has asked the Supreme Court for an extension to file a response to a refiner’s petition for review of an appeals court’s January 2020 ruling on small-refinery exemptions. HollyFrontier Corp. appealed to the high court in September after the U.S. Court of Appeals
November 6, 2020
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by John Herath (Farm Journal’s Ag Pro) Wheeler (EPA Administrator Andrew Wheeler) said on the AgriTalk Radio Show on Monday that he will not consider those waiver requests until after the courts have spoken on that appeal. “The refiners appealed that to the Supreme Court; we’re waiting to see if they
November 3, 2020
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by Todd Neeley (DTN Progressive Farmer) Archer Daniels Midland argues a Green Plains’ lawsuit alleging ethanol-market manipulation should be transferred from a federal court in Nebraska and consolidated with other similar cases in an Illinois court, ADM said in a court brief. ADM argues in a recent brief filed with the
October 29, 2020
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(U.S. Department of Justice) A Colorado resident was sentenced to 15 months in prison yesterday for his role in a biodiesel tax credit fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. According to court documents and statements made in court, from 2010
October 29, 2020
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(Growth Energy/Renewable Fuels Association) Upon the Environmental Protection Agency’s (EPA) failure to adequately respond to several Freedom of Information Act requests filed by the biofuels industry regarding the small refinery exemption (SRE) program and EPA’s radical escalation in granting SREs in recent years, Growth Energy and the Renewable Fuels Association filed
October 28, 2020
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by Mark Dorenkamp (Brownfield Ag News) The EPA recently denied 54 so-called “gap year” small refinery exemption requests, but Renewable Fuels Association CEO Geoff Cooper tells Brownfield the agency is still considering 31 petitions for 2019 and a couple for 2020. “We just need EPA and this Administration to adopt that
October 14, 2020
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by Chris Teale (Smart Cities Dive) More than 200 elected officials at the city and state level issued a joint declaration Thursday calling on automakers to stop supporting the Trump administration’s rollback of national and state clean car standards. The “Clean Cars Declaration” urges General Motors (GM), Toyota, Fiat Chrysler, Nissan, Subaru, Hyundai and
October 9, 2020
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by Eric Wolff (Politico’s Morning Energy) The Trump carbon rules for power plants goes to court in a mirror image of the case from 2016 when the Obama administration’s more stringent rules faced the judges. — … It’s déjà vu all over again for the D.C. Circuit Court of Appeals as
October 8, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) : The Supreme Court will hear an appeal from oil companies aiming to overturn lower court rulings that state court is the proper venue for the climate change lawsuit brought by the city of Baltimore. The case is seen as a bellwether for the
October 5, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) The D.C. Circuit on Friday hosted the annual legal rite: a challenge to EPA’s blending mandate under the Renewable Fuel Standard, with this round focusing on the rule governing 2019 requirements. Biofuel producers argued that rule should have added additional ethanol volumes to account for
September 28, 2020
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(Mankato Free Press) President Donald Trump and his Environmental Protection Agency have about six weeks to keep their promises to farmers on ethanol, which have been broken for the past three years. While farmers have backed Trump in varying degrees since he took office, their wellspring of patience seems to be running
September 23, 2020
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by Lisa Gibson (Ethanol Producer Magazine) Brian Jennings, CEO of the American Coalition for Ethanol, told audience members at the 2020 Fuel Ethanol Workshop & Expo during the general session panel Sept. 16 that the gap waiver denial, two days before, is a win, but there’s more work to do. Take
September 22, 2020
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(Amyris) Amyris, Inc. (Nasdaq: AMRS), a leading synthetic biotechnology company in Clean Health and Beauty markets through its consumer brands, and a top supplier of sustainable and natural ingredients, responds to LAVVAN, Inc.’s (LAVVAN) press release related to its commencement of a lawsuit against Amyris, Inc. (Amyris) for patent infringement and
September 14, 2020
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by Jennifer A Dlouhy (Bloomberg) Trump administration officials are developing a plan to offset the potential economic damage of denying dozens of refineries waivers from biofuel-usage mandates: giving them financial aid. The approach is actively being discussed by top Environmental Protection Agency officials as the administration courts two important voting blocs for President
September 12, 2020
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by Meghan Sapp (Biofuels Digest) In New York state, Reuters reports that RIN prices skyrocketed a two-year high of 55 cents for D6 credits on the back of its exclusive story that President Trump told the EPA to deny all gap-year SRE applications. The RIN prices, not seen that high since
September 10, 2020
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by Kelsey Tamborrino (Politco’s Morning Energy) Friday was the last day to ask the Supreme Court whether it would review a 10th Circuit Court of Appeals decision from January that threatened the entire refinery exemption program under the Renewable Fuel Standard. There is no evidence at this point that the
September 8, 2020
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(Farm Progress/Growth Energy) Growth Energy, the Renewable Fuels Association, and the National Corn Growers Association on Friday filed a brief in the U.S. Court of Appeals for the D.C. Circuit supporting and defending the U.S. Environmental Protection Agency’s 2019 regulation that allowed year-round availability of E15. The Clean Air Act requires EPA to
August 31, 2020
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(Growth Energy) Responding to the oil industry’s effort to undermine the expansion of E15 (gasoline containing 15% ethanol), Growth Energy, the Renewable Fuels Association, and National Corn Growers Association on Friday filed a brief in the U.S. Court of Appeals for the D.C. Circuit supporting and defending the U.S. Environmental Protection Agency’s 2019
August 27, 2020
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by Sebastien Malo (Reuters) A federal appeals court in Washington D.C. made public on Thursday its denial of a small refinery’s motion bid to use a pseudonym in a lawsuit against the U.S. Environmental Protection Agency over its exemption status from a renewable energy program. A three-judge panel of the U.S.
August 24, 2020
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(Environmental NewsStand) The U.S. Court of Appeals for the District of Columbia Circuit in a sealed case has rejected a small refiner’s bid for anonymity in an apparent legal fight over EPA’s denial of a renewable fuel standard (RFS) economic hardship compliance waiver, forcing the unnamed refiner to either refile
August 21, 2020
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by Kelsey Tamborrino (Politico’s Morning Energy) Ford, Honda, BMW, Volkswagen and Volvo have formally committed to reducing the average greenhouse gas emissions of their vehicles through 2026, despite the Trump administration rolling back federal standards, Pro’s Debra Kahn reports. Under deals signed with California, the five automakers promise to maintain
August 18, 2020
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by Sebastien Malo (Retuers) A federal appeals court on Friday denied a challenge by leading ethanol maker POET Biorefining, LLC who accused the U.S. Environmental Protection Agency of making it impossible to certify its corn-fiber-derived ethanol under a renewable-fuel program. A split three-judge panel of the U.S. Court of Appeals for the
August 17, 2020
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by Brian Flood (Bloomberg Law) Biodiesel imports hit with countervailing duties up to 64.73%; Court faults subsidy finding regarding Indonesia export tariff — The Commerce Department must revisit and possibly lower anti-subsidy duties on imports of biodiesel from Indonesia, the U.S. Court of International Trade said, questioning whether an Indonesian export
August 14, 2020
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by Ben Nuelle (Agri-Pulse) Biofuel groups are frustrated election-year politics could be getting in the way of time-sensitive Environmental Protection Agency action on renewable fuel policy that needs to be finalized by the end of the year, and fear voter accountability in farm country will be lost if the agency delays acting
August 12, 2020
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by Larry Lee (Brownfield Ag News) EPA Administrator Andrew Wheeler said the gap SRE applications have been sent over from the Department of Energy. “They just started sending them to us the week before last, so our guys are just now starting to look at them.” Farmers and biofuel producers have
August 12, 2020
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by Janet McGurty (S&P Global Platts) Project costs to be recouped by blenders tax credit; Renewable diesel project approval expected in September — CVR Energy is evaluating a renewable diesel project at its Wynnewood, Oklahoma, refinery — the latest refiner seeking respite from rising RINS prices and falling demand for refined products
August 6, 2020
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by Ron Kotrba (Biodiesel Magazine) The law firm Lowey Dannenberg P.C. is investigating possible violations of federal securities laws on behalf of investors of Renewable Energy Group Inc. after stock prices fell approximately 20 percent immediately following the company’s June 23 announcement that it would revise its expected second quarter adjusted EBITDA from
August 5, 2020
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by Stephanie Kelly (Reuters) The U.S. Department of Energy has recommended that some of the oil refiners that applied for retroactive exemptions from the nation’s biofuel blending law be granted partial relief, two sources familiar with the matter said on Tuesday. The move could help bring those refining companies into compliance
August 5, 2020
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(Urban Air Initiative) This is a conversation related to ethanol and octane. The Urban Air Initiative presents its perspective on a 95 RON Octane Standard and the value it can bring to the corn ethanol industry. Urban Air President Dave VanderGriend and General Motors Biofuel Expert Coleman Jones presented and
July 29, 2020
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by Maya Earls (Bloomberg Law) The Environmental Protection Agency is failing to act exempting Pennsylvania-based United Refining Co. from the Clean Air Act’s renewable fuel standards, the company says in a D.C. federal court lawsuit. The act mandates that fuel sold in the U.S. contain a certain amount of renewable fuel,
July 23, 2020
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by Donnell Rehagen (National Biodiesel Board/Biofuels Digest) … Once again, the Environmental Protection Agency has turned the RFS into a political football. In June, the agency disclosed it is considering 52 newly filed small refinery exemptions petitions, covering compliance years from 2018 all the way back to 2011. This month, refiners
July 21, 2020
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(Fairfield Sun Times/NAFB) … (U.S. Energy Secretary Dan) Brouillette argued there were differing legal opinions on the ruling’s impact on ‘gap-year’ waivers, but conceded DOE’s method for analyzing and recommending EPA reject the same waivers in earlier years hasn’t changed. Which gave (Dave) Loebsack (D-IA 2nd District) an opening. “Well,
July 20, 2020
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by Stephanie Kelly (Reuters) U.S. lawmakers from Iowa are trying to add aid for the biofuels industry into a pending coronavirus relief package in the Senate, U.S. Senator Chuck Grassley said on Friday. Grassley and his Iowa colleague, Senator Joni Ernst, hope to include a subsidy for feedstock for the ethanol industry
July 20, 2020
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(DTN’s Washington Insider) At least 58 retroactive small refinery exemption (SRE) requests have been received by the Environmental Protection Agency (EPA), according to the latest update from the agency. The push by refiners for the retroactive “gap-year” exemptions stems from a 10th Circuit Court ruling that held they are only eligible for
July 17, 2020
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by P.J. Huffstutter (Reuters) Green Plains Inc, one of the biggest U.S. ethanol producers, sued Archer Daniels Midland Co on Tuesday, accusing the global grain trader of manipulating the price of the biofuel to profit from its positions in the derivatives market. Green Plains filed the proposed class action with
July 15, 2020
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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
July 10, 2020
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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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RFA, Others Seek Certainty and Consistency in EPA Treatment of Flex Fuel Vehicles
(Renewable Fuels Association) In comments submitted today to the U.S. Environmental Protection Agency regarding emissions standard compliance calculations for Flex Fuel vehicles (FFVs), the Renewable Fuels Association supported the EPA’s new approach to maintaining some level of certainty for automakers in the absence of future guidance. At the same time, however, RFA called