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(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
Federal Litigation
August 5, 2021
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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
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(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
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(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
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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
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(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
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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
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(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
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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
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(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
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(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
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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
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(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
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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
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(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
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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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
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(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
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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
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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
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(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
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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
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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
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(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
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(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
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(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
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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
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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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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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
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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
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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
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(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
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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
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(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
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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
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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
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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
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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
January 21, 2021
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(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 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
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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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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