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Federal Litigation

Growth Energy: EPA Proposal a Mixed Bag for Biofuels Industry: Proposal Shows Strong Movement on SREs and 2022 RVOs but Illegally Rolls Back 2020 RVOs Public Comments DEADLINE: February 4, 2022

(Growth Energy) Today (December 7, 2021), Growth Energy CEO Emily Skor offered a mixed review of the U.S. Environmental Protection Agency’s (EPA) proposed rulemaking regarding domestic biofuels blending requirements under the Renewable Fuel Standard (RFS). The agency’s proposed Renewable Volume Obligations (RVOs) would undercut blending requirements for renewable, low-carbon biofuel in 2021, and would retroactively

December 8, 2021 Read Full Article

South Dakota Senator Expresses Disappointment over Biofuel Blending Obligations

(RFD TV)  Speculation is growing about what’s going on behind the scenes at the EPA as they continue to extend their own deadline for biofuel blending mandates. “I think part of it is because they are focusing on electric vehicles, and they seem really intent on going down the path

November 23, 2021 Read Full Article

RFA Applauds Midwest Governors for Proactively Pursuing Year-Round E15 Fix

(Renewable Fuels Association) The Renewable Fuels Association today thanked a bipartisan group of seven Midwestern governors for their efforts to explore what actions can be taken to allow the year-round sale of E15 in their states. In a letter sent to EPA Administrator Michael Regan today, the governors seek guidance from the agency

November 4, 2021 Read Full Article

Growth Energy Submits Notice of Intent to Sue EPA Over Biofuel Delays

(Growth Energy) Today (November 2, 2021), Growth Energy submitted to the Environmental Protection Agency (EPA) a notice of intent to sue regarding its failure to timely fulfill the agency’s statutory obligation under the Renewable Fuel Standard (RFS) to issue the 2022 Renewable Volume Obligation (RVO) and in turn, the potentially multi-year

November 3, 2021 Read Full Article

Supreme Court to Hear Case on E.P.A.’s Power to Limit Carbon Emissions

by Adam Liptak (New York Times/Governors’ Biofuels Coalition)  The case, brought by Republican-led states and coal companies, could frustrate the Biden administration’s efforts to address climate change. The court’s decision to take the case came after a federal appeals court struck down the Trump administration’s plan to relax restrictions on

November 1, 2021 Read Full Article

Archer Daniels Midland Sued over Ethanol Derivative Contracts Market

(Law Street)  On Tuesday, Green Plains Inc. and its subsidiaries filed a complaint in the District of Nebraska against Archer Daniels Midland Company alleging it had manipulated the derivative contracts market and violated the Commodities Exchange Act. … The complaint states Archer Daniels Midland Company is a major producer and seller

October 30, 2021 Read Full Article

Plug-in Cars Are the Future. The Grid Isn’t Ready.

by Will Englund (Washington Post) … Seventy-four times last year, the wind across Upstate New York dropped so low that for stretches of eight hours or more barely any electricity was produced. Nearly half the year, the main transmission line feeding the metropolitan area was at full capacity, so that

October 13, 2021 Read Full Article

Ethanol Industry Pursues Final Legal Avenue on Year-Round E15

by Jacqui Fatka  (Farm Progress) Growth Energy files petition to take fight of whether E15 legal to U.S. Supreme Court. –Ethanol and corn producers continue to claim 15% ethanol fuel is safe for year-round use. However, courts have overturned a waiver of limits on Reid Vapor Pressure. In its last legal

October 5, 2021 Read Full Article

No Better Time than Now

by Anna Simet (Ethanol Producer Magazine)  …  While “accelerate” was the theme of the American Coalition for Ethanol’s 34th annual conference—market growth being vital—the myriad policy, investment and operational issues explored at the event orbited largely around the industry’s overarching low-carbon ambitions. And with the rise of electric vehicles (EVs)

September 25, 2021 Read Full Article

NBB Welcomes Court Decision to Maintain Duties on Argentine Biodiesel

(National Biodiesel Board)  U.S. Court of International Trade upholds Commerce final determination in changed circumstances review —  The National Biodiesel Board (NBB) today welcomed the U.S. Court of International Trade’s decision to uphold the U.S. Department of Commerce’s final determination in its changed circumstances review (CCR) of duties on imports of Argentine biodiesel.

September 23, 2021 Read Full Article

100 Groups Demand Biden Cut Airplane Climate Pollution

(Common Dreams/Center for Biological Diversity)  Coalition blasts EPA delays on replacing do-nothing Trump rule. —One hundred environmental, community and public-health groups called on the Biden administration today to set strong standards to cut airplane pollution and avoid industry-promoted biofuel greenwashing. As today’s letter notes, the Biden administration has yet to announce any efforts to

September 23, 2021 Read Full Article

E15 Ruling Rehearing Denied

by Cindy Zimmerman (Energy.AgWired.com) The D.C. Circuit Court of Appeals Thursday denied a petition for rehearing regarding the recent American Fuel & Petrochemical Manufacturers, et al. vs. EPA decision, in which the court vacated a 2019 regulation allowing year-round sales of a fifteen percent ethanol fuel blend (E15). Petitioners the Renewable Fuels Association, Growth Energy

September 10, 2021 Read Full Article

Biofuel and Ag Leaders Oppose EPA Motion to Remand 2018 SREs without Vacatur

(Renewable Fuels Association) Last night, the Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union opposed the U.S. Environmental Protection Agency’s (EPA) motion to remand but not vacate the 31 small refinery exemptions (SREs) the Trump Administration granted in August 2019. The

September 8, 2021 Read Full Article

EPA Seeks Remand Of Trump-Era RFS Waivers, Opening Door To New Policy

(Inside EPA)  EPA is asking a federal appeals court to voluntarily remand Trump-era decisions that granted 31 small refinery waivers from renewable fuel standard (RFS) compliance and denied a smaller number of waiver requests, opening the door for the Biden administration to overhaul the agency’s waiver policies in light of

August 30, 2021 Read Full Article

Biofuels Industry Hopes Its Efforts to Cut GHG Emissions Will Keep It Relevant as White House Pushes EVs

by Jeff Barber (OPIS) After four years of the Trump administration’s often-chaotic approach to the Renewable Fuel Standard (RFS), many in the biofuels industry were hoping President Joe Biden would bring a level of stability and support to the program. While the new administration has provided renewable fuel producers with some

August 26, 2021 Read Full Article

D.C. Circuit Stays RFS Suit as EPA Mulls Reconsideration of 2020 Rule

(Inside EPA)  The U.S. Court of Appeals for the District of Columbia Circuit has accepted EPA’s request to further delay litigation against the agency’s renewable fuel standard (RFS) for 2020 while the agency decides whether to reconsider the rule in the light of a recent high court ruling, rejecting biofuels

August 26, 2021 Read Full Article

Court Dismisses Ethanol Market Lawsuits Green Plains, Midwest Renewable Energy Antitrust Claims Dismissed

by Todd Neeley (DTN Progressive Farmer) Two of four antitrust lawsuits filed against Archer Daniels Midland, alleging ethanol market manipulation, were dismissed by a federal court in Illinois. The remaining two cases are on track for trial in 2024. The U.S. District Court for the Central District of Illinois in Urbana

August 25, 2021 Read Full Article

EPA: 59 SRE Petitions Now Pending, Down from 64 in July

by Erin Voegele (Ethanol Producer Magazine) The U.S. EPA published updated small refinery exemption (SRE) data on Aug. 19, reporting that there are currently 59 SRE petitions pending under the Renewable Fuel Standard, down from 64 that were pending as of mid-July. The data shows EPA has not acted on any

August 20, 2021 Read Full Article

Biofuel and Farm Group Intervenors File Petition for Rehearing of D.C Circuit RVP Decision

(Renewable Fuels Association) The Renewable Fuels Association, Growth Energy and the National Corn Growers Association filed a petition for rehearing with the D.C. Circuit Court of Appeals regarding the recent American Fuel & Petrochemical Manufacturers, et al. vs. EPA decision, in which the court vacated a 2019 regulation allowing year-round sales of a fifteen percent

August 17, 2021 Read Full Article

RFA Report: Farmers, Ethanol Producers Would Lose Billions if Summertime E15 Ban Returns

(Renewable Fuels Association)  The recent D.C. Circuit Court decision overturning EPA’s approval of year-round E15 sales could have a strongly negative impact on the rural economy and environment in the coming years unless action is taken to allow unimpeded sales of E15 all year long, the Renewable Fuels Association reported in a new analysis

August 5, 2021 Read Full Article

D.C. Circuit 2019 RVO Decision Is a Mixed Bag for Biofuels

by Sarah Main and Shailesh Sahay (Foley Hoag)  … On July 16, 2021, the D.C. Circuit issued a decision that resolved several challenges to its 2019 Renewable Volume Obligations (RVO) rulemaking. … Renewable fuel producers challenged the volume requirements set in the 2019 RVOs as too low; petroleum groups challenged the 2019

August 3, 2021 Read Full Article

Four Years Later, EPA Has Failed to Restore 500 Million Lost RIN Gallons

(Growth Energy)  Today marks the four-year anniversary of the July 2017 ruling in Americans for Clean Energy v. EPA. The 2017 ruling required EPA to address its improper waiver of 500 million gallons for 2016 renewable fuel blending requirements under the Renewable Fuel Standard (RFS). To date, EPA has failed to reconsider the 2016 RVO and

July 30, 2021 Read Full Article

BPA Dismayed at DC Circuit Ruling against Clean Electricity Fuel

(Biomass Power Association/Biomass Magazine) The Biomass Power Association on July 17 expressed concern over a D.C. Circuit decision allowing the Environmental Protection Agency to delay crediting cellulosic fuel in a challenge to the agency’s 2019 Renewable Volume Obligation rule.  The case is Growth Energy v. EPA, No. 19-1023.  The RFS Power

July 21, 2021 Read Full Article

Ethanol Blog RFA’s Cooper: Group Intends to Ask DC Circuit Court for Rehearing on E15 Ruling

by Todd Neeley (DTN Progressive Farmer) The Renewable Fuels Association is planning to petition the U.S. Court of Appeals for the District of Columbia for a rehearing of an E15 case that could jeopardize the year-round sale of the 15% ethanol blend of gasoline starting next year. The RFA may be

July 21, 2021 Read Full Article

Fischer: More Choices and Cleaner Fuel at the Gas Pump

(Office of Senator Deb Fischer (R-NE)) … The Consumer and Fuel Retailer Choice Act, which I reintroduced with Sen. Amy Klobuchar in response to the ruling, offers a common-sense solution to this problem. Our bill would reinstate the waiver that allowed high-ethanol blends like E15 to be sold all year.

July 20, 2021 Read Full Article

Ethanol Blog: D.C. Circuit Court Sends 2019 RFS Back to EPA, Rejects Biofuels Argument on Gallons Lost to Exemptions

by Todd Neeley (DTN Progressive Farmer) The U.S. Court of Appeals for the District of Columbia Circuit on Friday denied a biofuels group’s challenge to EPA’s inaction on restoring 4.3 billion gallons to the Renewable Fuel Standard lost to small-refinery exemptions between 2016 and 2018. The court, however, sent back the

July 19, 2021 Read Full Article

RFA: D.C. Circuit Court Blasts Refiner Arguments on RFS

(Renewable Fuels Association) The Renewable Fuels Association today welcomed the D.C. Circuit Court’s outright rejection of arguments from oil refiners that the Renewable Fuel Standard causes them economic hardship and therefore the Environmental Protection Agency should have waived their 2019 RFS obligations. The court’s rebuke of the refiners’ arguments was part

July 19, 2021 Read Full Article

EPA: 6 SRE Petitions Withdrawn, 64 Currently Pending

by Erin Voegele (Ethanol Producer Magazine) The U.S. EPA released updated small refinery exemption (SRE) data on July 15, reporting that six SRE petitions have been withdrawn in the past month. There are now 64 SRE petitions pending, down from 70 in June. One SRE petition was withdrawn for each of the

July 16, 2021 Read Full Article

RFA CEO: Multiple Reasons for Ethanol Optimism

(Renewable Fuels Association)  Low-carbon ethanol’s “brightest and sunniest days remain ahead” despite recent judicial setbacks and a growing policy push on electric vehicles, RFA President and CEO Geoff Cooper said in keynote remarks today at the International Fuel Ethanol Workshop and Expo. Even after two recent disappointing court decisions, “The ethanol

July 15, 2021 Read Full Article

Representataives Angie Craig, Adrian Smith Lead Bipartisan Effort from Congressional Biofuels Caucus in Introducing Legislation to Allow Year-Round E15 Sales

(Office of U.S. Representatives Angie Craig (D-MN 2nd)  Craig and Smith’s Legislation has been endorsed by Growth Energy, the Renewable Fuels Association and the National Corn Growers Association  —  Today, U.S. Representatives Angie Craig (D-MN) and Adrian Smith (R-NE) led Co-Chairs of the Congressional Biofuels Caucus in introducing the Year-Round Fuel Choice

July 14, 2021 Read Full Article

Market Focuses on Weather, but Also Watches Biofuel News

by D’Arce McMillan (Western Producer)  … Aside from weather and crop conditions, grain market traders are also keeping an eye on the debate playing out in the U.S. capitol over renewable biofuel blending regulations. The oil industry, refinery workers and some state governments do not like the blending requirements. They were

July 12, 2021 Read Full Article

AgweekTV Full Show: Ethanol Industry, Award-Winning Operation, Agvise, Female Ag Teachers, Grain Bin Technology

(AgWeek) Coming up on AgweekTV, we will discuss the ethanol industry hitting another devastating court decision. We will tour an award winning regenerative farming operation in east central South Dakota. We will visit two ag businesses that are dedicated to staying in rural North Dakota. We will discuss the number

July 12, 2021 Read Full Article

Ethanol Blog: American Petroleum Institute Pushes EPA to Cut Renewable Fuel Standard Volumes

by Todd Neeley (DTN Progressive Farmer) As the ethanol industry waits for volume proposals for 2021 and 2022 in the Renewable Fuel Standard expected in the coming weeks, petroleum interests have been pressing EPA to reduce volumes from their 2020 levels. A number of media outlets have reported the Biden administration

July 9, 2021 Read Full Article

Five Ways to Save Year-Round E15 Sales E15’s Path Forward May Include Courts, Congress, Regulation

by Todd Neeley (DTN Progressive Farmer) The nixing of EPA’s E15 rule that allowed year-round sales has in many respects taken the ethanol industry back to square one.  The U.S. Court of Appeals for the District of Columbia Circuit last week tossed out the Trump administration’s rule that had been widely celebrated

July 9, 2021 Read Full Article

E15 Summertime Use Rule in Force until August 16, Despite Court Action

(National Association of Farm Bureaus/NewsDakota.com) Last week’s D.C. federal court ruling does not mean retailers must stop selling 15-percent ethanol-blended gas immediately.  The court ruling was another setback for the ethanol industry, discouraging future blending pump investments if it sticks, and coming on the heels of a Supreme Court ruling also unfavorable

July 8, 2021 Read Full Article

Court Losses Are Only Temporary Setbacks, Says Ethanol Industry

by Chuck Abbott (Successful Farming) Despite losing two high-profile cases in seven days, the ethanol industry says the future is bright for the corn-based biofuel that it promotes as a low-carbon alternative to gasoline and a tool to slow global warming. “We view both decisions as only temporary setbacks but neither

July 7, 2021 Read Full Article

Top 10 Top Stories of 2021 so Far

by Helena Tavares Kennedy (Biofuels Digest) 2021 so far is better than 2020 in many aspects – like a summer sunflower, things are looking up and opening up again in some parts of the world as vaccines are rolled out, especially in Canada, the UK, Israel, Italy, Germany, and the U.S.

July 6, 2021 Read Full Article

Growth Energy, RFA, NCGA Disagree with Court’s Decision to Reverse E15 Year-round

(Growth Energy) The D.C. Circuit Court of Appeals reversed a 2019 rule by the Environmental Protection Agency that lifted outdated restrictions on the sale of a fifteen percent ethanol fuel blend (E15). The case, American Fuel & Petrochemical Manufacturers, et al. vs. EPA, was a challenge by oil refiners to the rulemaking

July 2, 2021 Read Full Article

Drilling for the Truth: A Draft Report by the Intergovernmental Panel on Climate Change Is Pinning Disinformation and Lobbying Campaigns

by Matthew Choi (Politico’s Morning Energy) A draft report by the Intergovernmental Panel on Climate Change is pinning disinformation and lobbying campaigns — including by Exxon Mobil — as major culprits in slowing governments from adopting climate measures to mitigate global warming. Zack and POLITICO Europe’s Karl Mathiesen reviewed the report, which

July 2, 2021 Read Full Article

Groups Urge EPA to Spell out RFS Waiver Rules

by Chuck Abbott (Successful Farming)  …  Farm and ethanol groups said they were confident the EPA will approve few exemptions from the Renewable Fuel Standard, but they urged the agency on Monday to state how it will run the program in the wake of last week’s Supreme Court ruling on waivers.

June 30, 2021 Read Full Article

U.S. Supreme Court Backs Refineries in Biofuel Waiver Dispute

by Andrew Chung and Stephanie Kelly (Reuters/Yahoo!)  The U.S. Supreme Court on Friday bolstered a bid by small oil refineries to win exemptions from a federal law requiring increasing levels of ethanol and other renewable fuels to be blended into their products, a major setback for biofuel producers. The 6-3

June 25, 2021 Read Full Article

Biden Hits Roadblocks on Path to Low-Carbon Economy

by James Osborne (Houston Chronicle) … The decision by a Louisiana federal judge Wednesday requiring the Department of Interior to end its pause on oil and gas leasing came as the administration’s plan to spend hundreds of billions of dollars on electric vehicle charging stations and tax credits was looking

June 18, 2021 Read Full Article

Wells Fargo Crashes and Burns with New RINs Analysis

by Geoff Cooper (Renewable Fuels Association) Earlier this week, equity analysts at Wells Fargo released a note to investors on the subject of the Renewable Fuel Standard and its compliance credit (RIN) market mechanism. We wouldn’t typically respond to an investment bank research note, but we felt compelled to reply to

June 18, 2021 Read Full Article

Waiting for the Signal to Change

(National Biodiesel Board/Biodiesel Magazine)  While welcoming federal support for domestic SAF on par with support for biodiesel and renewable diesel, the NBB wants Congress and the Biden Administration to understand how all three fuels support the nation’s climate and clean air priorities. The Biden administration delivered some positive news to

June 17, 2021 Read Full Article

Biden Weighs Small Cut to Biofuel Targets in Nod to Refiners

by Jennifer A. Dlouhy and Kim Chipman (Bloomberg/Yahoo!) The Biden administration is developing targets for biofuel that are likely to be relatively flat or even lower as it seeks to balance the interests of blue-collar refining workers and advance a clean-energy agenda. The Environmental Protection Agency is set to propose renewable

June 16, 2021 Read Full Article

Biden Administration Supports Oil, Mining Projects Backed by Trump

by Timothy Puko (Wall Street Journal)  Defense of ventures has helped Biden’s relationships with some Western lawmakers  — Biden administration lawyers are defending oil and mining projects approved under the Trump administration, benefiting ConocoPhillips , Rio Tinto PLC, BHP Group Ltd. and others at the expense of environmental and tribal groups

June 2, 2021 Read Full Article

RFA Asks Courts to Dismiss Its Challenges in SRE Cases

(Renewable Fuels Association/Ethanol Producer Magazine) Following last week’s decision by the Tenth Circuit Court of Appeals to vacate and remand three small refinery exemptions granted by EPA to Sinclair Oil Corp. on the eve of President Biden’s inauguration, the Renewable Fuels Association on Monday asked both the Tenth and D.C. Circuit

May 26, 2021 Read Full Article

ADM Trial Set for 2024: Plaintiffs File Motion With Federal Court to Compel ADM to Release Information

by Todd Neeley (DTN Progressive Farmer) With a trial possibly years away in an ongoing ethanol market manipulation case, plaintiffs are waging a fight for the disclosure of information from Archer Daniels Midland, according to court documents. Four cases have been combined in the U.S. District Court for the Central District

May 25, 2021 Read Full Article

EPA: 2 Additional SRE Petitions Filed, 70 Now Pending

by Erin Voegele (Ethanol Producer Magazine) The U.S. EPA on May 20 published updated small refinery exemption (SRE) data, reporting that two additional SRE petitions have been filed for Renewable Fuel Standard compliance year 2020. The agency also changed the status of three previously filed SRE petitions. There are now 70

May 21, 2021 Read Full Article

Court Vacates Prior Administration’s Midnight Refinery Exemptions

(Renewable Fuels Association) The Renewable Fuels Association today hailed an order from the U.S. Court of Appeals for the Tenth Circuit vacating three small refinery exemptions granted by EPA to Sinclair the day before President Joe Biden was inaugurated. The court’s decision came promptly after EPA petitioned for the vacatur and remand of

May 20, 2021 Read Full Article

U.S. EPA Files Motion to Vacate Three Biofuel Exemptions Given to Sinclair

by Stephanie Kelly (Reuters/NASDAQ) The U.S. Environmental Protection Agency filed a motion on Friday to vacate three waivers given by the previous administration to Sinclair Oil Corporation refineries that exempt them from biofuel blending mandates. In the motion, the EPA said that the agency under the Trump administration did not analyze

May 5, 2021 Read Full Article

A Clash over Renewable Fuels Hinges on the Meaning of a Single Word

by Emily Hammond (SCOTUSBlog) On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association. The case presents an issue of statutory interpretation involving the Renewable Fuel Standard  program — a part of the Clean Air Act that calls for incorporating renewable fuels into transportation

April 27, 2021 Read Full Article

Grassley Pleased Biden EPA Backs Ethanol in Waiver Case

(TOM/Iowa Agribusiness Radio Network/KIWA Radio) Iowa Senator Chuck Grassley recently said he’s encouraged the Environmental Protection Agency is siding with the ethanol industry in a case that goes before the Supreme Court later this month. The industry and the 10th Circuit Court of Appeals say the EPA can only grant ethanol

April 20, 2021 Read Full Article

EPA Provides Some Clarity on Mid-Level Blends in Court

(Urban Air Institute) A three-judge-panel in the U.S. Court of Appeals for the D.C. Circuit heard oral arguments Tuesday that the Environmental Protection Agency (EPA) did not go far enough when it extended the 1 pound RVP waiver to allow year-round E15. The Urban Air Initiative (UAI), along with a broad

April 14, 2021 Read Full Article

RFA, Growth Energy and NCGA Defend Year-Round E15 in Court

(Renewable Fuels Association) Today, the D.C. Circuit Court will hear oral arguments in American Fuel & Petrochemical Manufacturers, et al. vs. EPA, a case in which oil refiners challenge the Environmental Protection Agency’s 2019 rulemaking that paved the way for the year-round sale of E15. As intervenors in the case, the Renewable

April 13, 2021 Read Full Article

Biden Wins CAFE Penalty Court Dispute

by Matthew Choi (Politico’s Morning Energy)  The U.S. Court of Appeals for the 2nd Circuit in New York has sided with the Biden administration in a lovers’ quarrel with green groups, blue states and Tesla over the Trump administration’s delay of a fuel economy penalty increase. A late-Trump rule (Reg.

April 7, 2021 Read Full Article

Tailpipe Litigation Put in Park

by Matthew Choi (Politico’s Morning Energy) Despite procedural objections from states and environmentalists, the D.C. Circuit Court of Appeals on Friday granted the Biden administration’s request to pause litigation over federal auto emissions and fuel economy standards. That will give the agencies time to rewrite the SAFE Vehicles rule that

April 5, 2021 Read Full Article

Biofuel Groups, States File Amicus Briefs in SCOTUS SRE Case

by Erin Voegele (Ethanol Producer Magazine) The Advanced Biofuels Association, Coalition for Renewable Natural Gas, the National Biodiesel Board and a group of eight states on March 31 filed amicus briefs with the U.S. Supreme Court urging the court to affirm the Tenth Circuit Court of Appeals’ January 2020 ruling

April 1, 2021 Read Full Article

Supreme Court Picks Date for Ethanol Case

by Larry Lee (Brownfield Ag News) An ethanol court case over Small Refinery Exemptions will be heard by the U.S. Supreme Court April 27th.  Renewable Fuels Association President and CEO Geoff Cooper says he is confident the Supreme Court will review the case and affirm the 10th Circuit Court decision in their favor,

March 16, 2021 Read Full Article

Three Days of SCOTUS … Refiners’ Appeal

by Matthew Choi (Politico’s Morning Energy)  … On April 27 the court will hear refiners’ appeal of the 10th Circuit’s ruling that severely limited EPA’s ability to exempt small refiners from biofuels blending requirements. (EPA recently shifted to support the 10th Circuit’s decision and is waiting to act on 46

March 15, 2021 Read Full Article

CFDC Calls On EPA to Prioritize Octane in New Fuel Economy Rule

(Clean Fuels Development Coalition)  The Clean Fuels Development Coalition called the pending revision of the nation’s fuel economy rules one of the most immediate and tangible actions the Biden Administration can take to address a range of issues impacting climate, health, and economic challenges. In a letter congratulating incoming Environmental Protection

March 12, 2021 Read Full Article

Big Tobacco Had to Pay $206B. Is Big Oil Next?

by Maxine Joselow (E&E News) In 2006, a federal judge issued a scathing ruling that would reverberate across the country. “Over the course of more than 50 years, Defendants lied, misrepresented and deceived the American public,” Judge Gladys Kessler of the U.S. District Court for the District of Columbia wrote in a

March 10, 2021 Read Full Article

REGI INVESTOR ALERT: Bernstein Liebhard LLP Announces that a Securities Class Action Lawsuit Has Been Filed Against Renewable Energy Group, Inc.

(Bernstein Liebhard/Globe Newswire) Bernstein Liebhard, a nationally acclaimed investor rights law firm, announces that a securities class action lawsuit has been filed on behalf of investors who purchased or acquired the securities of Renewable Energy Group, Inc. (“Renewable Energy ” or the “Company”) (NASDAQ: REGI) from May 3, 2018, through

March 4, 2021 Read Full Article

More States Follow California’s Lead on Vehicle Emissions Standards

by Rachel Frazin (The Hill) An increasing number of states are looking to follow the precedent set by California and adopt stricter vehicle emissions standards as the Biden administration appears poised to green light those efforts. The Virginia legislature this past week passed legislation to toughen its emission rules, and similar

March 1, 2021 Read Full Article

US Aerospace Industry Calls on New Administration to Provide Immediate Support to Reach Climate Goals

(GreenAir Online) US aircraft and engine manufacturers have called on the new Biden administration to provide sustained government support to help achieve its climate goals. In an open letter to Transportation Secretary Pete Buttigieg, FAA Administrator Steve Dickson, Climate Envoy John Kerry and National Climate Advisor Gina McCarthy, the US Aerospace

February 26, 2021 Read Full Article

EPA Supports 10th Circuit Court Ruling to Tighten Small Refinery Exemptions

by Tyne Morgan (Ag Web) Renewable Fuels groups are celebrating an EPA win. More than a year after the 10th Circuit Court issued its initial ruling on the small-refinery provisions within the Renewable Fuels Standard (RFS), EPA announced Monday it’s supporting the court’s ruling. As a result, there will be tighter

February 22, 2021 Read Full Article

Carper Dishes on Climate, Environment Landscape

by Zach Coleman (Politico’s Morning Energy)  Even if Biden’s regulations fall short of environmentalists’ wishes, the U.S. is poised for success reducing greenhouse gas emissions given the trajectory of “market forces” in the power and utility sectors, Senate Environment and Public Works Committee Chair Tom Carper (D-Del.) tells Pro’s Anthony

February 18, 2021 Read Full Article

Groups Fight Wisconsin Transmission Line

by Kelsey Tamborrino (Politico’s Morning Energy)Conservation groups on Wednesday sued over the federal government’s approval of the 102-mile, $500 million Cardinal-Hickory Creek high-voltage transmission line that would carry electricity from renewables from Iowa to Wisconsin. The suit argues that the Agriculture Department’s Rural Utilities Service’s environmental study didn’t properly consider

February 12, 2021 Read Full Article

Klobuchar, Grassley Highlight Need to Restore Integrity to Renewable Fuel Standard in Letter to Environmental Protection Agency

(Office of Senator Amy Klobuchar (D-MN)) U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) led a letter to Acting Administrator of the Environmental Protection Agency (EPA) Jane Nishida highlighting the need to restore integrity to the Renewable Fuel Standard (RFS) by reviewing small refinery waivers, swiftly issuing a proposed rule

February 4, 2021 Read Full Article

Toyota, Fiat Chrysler Drop Support for Trump Effort to Bar California Emissions Rules

by David Shepardson (Reuters/Yahoo!Finance) Toyota Motor Corp, Fiat Chrysler and other major automakers said on Tuesday they were joining General Motors in abandoning support for former President Donald Trump’s effort to bar California from setting its own zero emission vehicle rules. The automakers, which also included Hyundai Motor, Kia Motors, Mitsubishi

February 3, 2021 Read Full Article

Growth Energy Battles in Court to Reverse Demand Destruction

(Growth Energy) On Friday, January 29th, Growth Energy, along with others in the biofuels industry, filed an opening brief with the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 20-1046) challenging the Environmental Protection Agency’s (EPA) failure to properly establish 2020 biofuel blending targets under the Renewable Fuel

February 3, 2021 Read Full Article

EPA Directed to Report on 2017 Court Order

by Cindy Zimmerman (Energy.AgWired.com) The U.S. Court of Appeals for the District of Columbia Circuit is directing the Environmental Protection Agency to submit a status report every 60 days “on its progress in complying with the court’s remand” stemming from the July 2017 ruling in a case regarding the improper waiver of 500

January 28, 2021 Read Full Article

Biden’s Climate Goals Will Boost Ethanol for Now: Oil Refiners and Ethanol Producers’ Collective Pain Hasn’t Done Much to Align Their Interests

by Jinjoo Lee (Wall Street Journal) In the tug of war for former President Donald Trump’s favors, oil refiners won some surprising victories over ethanol producers. Their fortunes are about to flip under President Joe Biden’s climate-driven administration. The fate of U.S. oil refiners and ethanol are inextricably linked through the

January 28, 2021 Read Full Article

Sinclair Confirms It Secured Trump EPA’s Last Biofuel Waivers, Defends Them in Court

by Stephanie Kelly (Reuters) Sinclair Oil Corporation confirmed on Tuesday it secured biofuel blending waivers for its refineries from the U.S. Environmental Protection Agency shortly before the departure of the administration of President Donald Trump last week. The company made the statement in a court filing defending the waivers against a

January 26, 2021 Read Full Article

D.C. Circuit Court Stays EPA Action Granting Refinery Waivers

(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

January 21, 2021 Read Full Article

RFA Files Petition and Emergency Motion to Halt EPA’s Dark-of-Night Refinery Waivers

(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 Read Full Article

A Muted Year for Biofuels M&A Activity: 2020 Review and Outlook

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 Read Full Article

Washington Week in Review: Jan. 15, 2021: Rep. Rodney Davis on Impeachment, COVID Aid, and Biofuels

(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 Read Full Article

House Biofuels Caucus Urges Trump to Reject SRE Petitions

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 Read Full Article

Grassley Shudders at Hill Reopening Renewable Fuels Law

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 Read Full Article

Senators Ask Biden to Restore the Integrity of the RFS

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 Read Full Article

Will EPA Torpedo RFS Again on Wheeler’s Way Out?

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 Read Full Article

Here’s How President-elect Biden Can Slash Carbon Emissions by 12 Million Metric Tons on Day One in Office

(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 Read Full Article

Exclusive: Trump Administration Expected to Grant Biofuel Waivers for Some Oil Refiners – Sources

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 Read Full Article

Ethanol Blog: Supreme Court to Hear Small-Refinery Exemption Appeal

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 Read Full Article

Farm & Biofuel Coalition Rejects EPA’s Excuses for Failing to Comply with 2017 Court Order

(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 Read Full Article

Minnesota Automobile Dealers Association Files Lawsuit over Emission Standards

(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 Read Full Article

Growth Energy, RFA Demand Transparency in Refinery Exemption Process

(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 Read Full Article

Consent Decree Throws RFS Refinery Exemption Decisions into Biden’s Lap

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 Read Full Article

Accelerating Demand: A Roadmap for Sparking New Demand for Ethanol

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 Read Full Article

Petroleum Opposes Biofuels RFS Remand: Petroleum Group Opposes Ag, Biofuels Lawsuit on 500 Million-Gallon Remand

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 Read Full Article

U.S. EPA Finalizing First-Ever Airplane Emissions Rules

by David Shepardson (Reuters) The U.S. Environmental Protection Agency (EPA) on Monday said it was finalizing the first-ever proposed standards regulating greenhouse gas emissions from airplanes. The EPA said its new requirements for airplanes used in commercial aviation and for large business jets would align the United States with international

December 29, 2020 Read Full Article

Top 10 Ag Stories of 2020 – 9 Ethanol’s 2020 Full of Bumps, Bruises in Fight to Maintain Business

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 Read Full Article

California’s Climate Policy Goes National: Trump Fought Californian Environmental Officials. The Biden Team Wants to Learn from tThem.

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 Read Full Article

DOJ Asks SCOTUS to Pass on Refinery Exemption Case

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 Read Full Article

Biofuels Coalition Files Brief Challenging 31 Small Refinery Exemptions in 2018

(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 Read Full Article

Owner of Allentown Biofuel Company Sentenced to Prison in Green Energy Scheme

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 Read Full Article

Growth Energy Submits Notice of Intent to Sue EPA Over Failure to Issue 2021 Biofuel Blending Targets

(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 Read Full Article

Farm & Biofuel Leaders Urge Courts to Hold EPA Accountable on Improper 2016 Waiver

(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 Read Full Article

GM Reverses on Trump, Exits Suit Challenging California’s Tougher Emissions Standards

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 Read Full Article

EPA: 6 More SRE Petitions Filed, 58 Now Pending

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 Read Full Article

Small Refinery Gets Second Win in Battle for Renewable-Fuel Hardship Exemption

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 Read Full Article

Iowa, Wisconsin Ethanol Plants Sue ADM Six Ethanol Companies File New Anti-Trust Lawsuit Against Archer Daniels Midland

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 Read Full Article

EPA Asks SCOTUS for Delay in RFS Case: Trump Administration Asks for Time to File Response in Small-Refinery Exemption Case

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 Read Full Article

Factbox: Unresolved Biofuel Policy Issues Facing the Next U.S. President

(Today/Reuters) Both U.S. President Donald Trump and his Democratic challenger Joe Biden have tried to clinch rural votes ahead of the election by voicing support for corn-based ethanol. But big questions remain over how either would administer the nation’s biofuel law, the U.S. Renewable Fuel Standard (RFS), and the stakes are

November 4, 2020 Read Full Article

EPA Administrator: RFS Waiver Requests to Wait on Court Appeal

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 Read Full Article

ADM Pushes Venue Change in Ethanol Case Green Plains, ADM Tussle Over Venue Change in Ethanol Market Lawsuit

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 Read Full Article

Colorado Man Sentenced to Prison for Biodiesel Tax Credit Fraud — Scheme Defrauded the IRS of $7.2 Million

(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 Read Full Article

Joint Statement from Growth Energy and the Renewable Fuels Association on Motion for Partial Summary Judgment in FOIA Lawsuit Regarding Small Refinery Exemption Transparency

(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 Read Full Article

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

October 27, 2020 Read Full Article

EPA Drags Feet on Remaining Small Refinery Exemption Requests

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 Read Full Article

Elected Officials Urge Automakers to Support Cleaner Cars

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 Read Full Article

ACE Rule Heads to Court

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 Read Full Article

Climate Change Suit on SCOTUS Docket

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 Read Full Article

RFS Rule in Court, Chapter 2019

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 Read Full Article

Our View: Ethanol: Trump, Hagedorn, EPA Leave Farmers behind

(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 Read Full Article

FEW General Sessions Address Policy, Production

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 Read Full Article

Amyris Responds To LAVVAN’s Filing Of Lawsuit On September 10, 2020

(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 Read Full Article

Trump Considers Cash Aid for Refineries Denied Biofuel Waivers

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 Read Full Article

RINs Jump 18% on News Trump Wants All Gap Year Requests Denied

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 Read Full Article

Deadline to Appeal Refinery Exemption Case to SCOTUS Whooshes by

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 Read Full Article

Biofuel Supporters Back in Court: Orgs File Brief Supporting EPA’s 2019 Regulation Allowing Year-Round E15 Use.

(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 Read Full Article

Farmers, Ethanol Producers File Court Brief Defending EPA’s Year-Round E15 Regulation

(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 Read Full Article

Refinery Can’t Hide behind Pseudonym for Renewable Energy Program Exemption

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 Read Full Article

D.C. Circuit Rejects Anonymous Status for Refiner in RFS Waiver Dispute

(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 Read Full Article

California, Automakers Finalize Emissions Deal

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 Read Full Article

D.C. Circuit Tosses Biofuel Maker’s Complaint that New Guidance Will Cost It Valuable Credits

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 Read Full Article

Anti-Subsidy Duties on Indonesian Biodiesel Must Be Revisited

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 Read Full Article

Groups Fear ‘No Consequences’ for Delaying Biofuel Volumes

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 Read Full Article

EPA’s Wheeler Says He Has Questions about SRE Gap Waiver Applications

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 Read Full Article

CVR Energy Evaluates Renewable Diesel Project at Wynnewood Refinery

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 Read Full Article

Ethanol Leaders Urge Noem, Trump to Open Door to “E30 by 2030”

(South Dakota Farmers Union)  Compliance with Existing Law Would Inject $8 Billion Per Year into South Dakota Economy  —  In a Rapid City Journal ad, a Sioux Falls Argus Leader editorial, and a letter to Governor Kristi Noem, South Dakota ethanol leaders said that a transition to “E30 by 2030 Nationwide” would more than double

August 5, 2020 Read Full Article

Law Firm Investigating Possible Securities Violations by REG

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 Read Full Article

U.S. Energy Department Recommends Granting Partial Retroactive Waivers to Refiners: Sources

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 Read Full Article

Webinar: 95 RON Octane Perspective — Starting the Conversation about a 95 RON Octane Standard

(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 Read Full Article

United Refining Sues EPA for Renewable Fuel Exemption (1)

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 Read Full Article

Political Football Season Returns with RFS

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 Read Full Article

DOE Still Reviewing Gap-Year Small Oil Refiner Petitions

(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 Read Full Article

U.S. Iowa Senators Hope to Include Biofuels Aid in Next Coronavirus Relief Package

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 Read Full Article

EPA Now Considering 58 Gap-Year SRE Requests

(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 Read Full Article

Green Plains Sues ADM, Alleging Ethanol Market Manipulation

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 Read Full Article

DOJ Asks Court to Block Automakers from Suit

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 Read Full Article

Weighing in: A Bipartisan Group of Former EPA and Transportation Department Chiefs Filed a Friend-of-the-Court Brief

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 Read Full Article

Ethanol’s Rough 2020 Ride: Trade Wars, COVID-19 and Waivers Alter Its Momentum

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 Read Full Article

Ethanol Ad Urges Visiting Trump to ‘Tear down That (Blend)’ Wall’

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 Read Full Article

Sen. Cruz to EPA: No Relief for Refinery Workers, No Consent for EPA Nominee

(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 Read Full Article

Farming, Biofuels, Health Groups Challenge EPA on SAFE Rule

(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 Read Full Article

EPA to Propose Splitting 500-Million-Gal RFS Remand in 2021, 2022: Sources

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 Read Full Article

CEO Reflects on Ethanol Industry Crises a Year after Trump Visit

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 Read Full Article

52 Petitions Filed by Refineries Seeking RFS Exemptions

(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 Read Full Article
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