News & Analysis as of

Department of Energy (DOE) Renewable Fuel Standard

Vinson & Elkins LLP

D.C. Circuit Forces EPA to Confront Reality of Economic Impacts of RFS on Small Refiners

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On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more

Bergeson & Campbell, P.C.

EPA and DOE Announce Funding to Spur Development of Advanced Biofuels

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE) announced on February 22, 2024, the release of a Funding Opportunity Announcement (FOA), “Inflation Reduction Act Funding for Advanced...more

Foley & Lardner LLP

IRS Releases Proposed Regulations for Section 45V Hydrogen Production Credit

Foley & Lardner LLP on

Last week, the Internal Revenue Service (“IRS”) and Department of the Treasury published proposed regulations (the “Proposed Regulations”) relating to the tax credit for production of clean hydrogen under Section 45V of the...more

King & Spalding

IRS and Treasury Issue Guidance on Section 40B Sustainable Aviation Fuel Credit

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Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more

Holland & Knight LLP

IRS, Treasury Department Release New Section 40B Sustainable Aviation Fuel Credit Guidance

Holland & Knight LLP on

The IRS and U.S. Department of the Treasury released on Dec. 15, 2023, Notice 2024-06 regarding Section 40B of the Internal Revenue Code. Effective for fuel mixtures sold or used after Dec. 31, 2022, and before Jan. 1, 2025,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cellulosic Biofuel/Renewable Fuel Standard: U.S. Energy Information Administration Report Addresses Renewable Natural Gas...

The United States Energy Information Administration (“EIA”) published a December 11th report entitled: New Renewable Fuel Standard Volume Targets Facilitate Renewable Natural Gas Production (“Report”)...more

Bergeson & Campbell, P.C.

EPA Announces Peer Review Meeting for “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft)”

As reported in our January 4, 2023, blog item, on January 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of a draft document entitled “Biofuels and the Environment: Third Triennial Report to...more

King & Spalding

New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs

King & Spalding on

On December 1, 2022, the U.S. Environmental Protection Agency (“EPA”) announced its proposed rule under the Renewable Fuel Standard (“RFS”) program. For the first time, EPA establishes renewable fuel volumes and percentage...more

Bergeson & Campbell, P.C.

GAO Recommends EPA and DOE Improve Decision-Making in Small Refinery Exemption Program

The U.S. Government Accountability Office (GAO) published a report on November 3, 2022, entitled Renewable Fuel Standard: Actions Needed to Improve Decision-Making in the Small Refinery Exemption Program. The Renewable Fuel...more

Bergeson & Campbell, P.C.

EPA Announces Disclosure Of Information Claimed As CBI Under The RFS Program

On March 10, 2022, EPA issued a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have petitioned for a small refinery exemption (SRE) or that have submitted certain RFS...more

Bergeson & Campbell, P.C.

DOE Argonne National Laboratory Publishes Retrospective Analysis Of Changes In U.S. Corn Ethanol GHG Emission Intensity Throughout...

On May 4, 2021, the U.S. Department of Energy’s (DOE) Argonne National Laboratory published an article titled “Retrospective Analysis of the U.S. Corn Ethanol Industry for 2005-2019: Implications for Greenhouse Gas Emission...more

Bergeson & Campbell, P.C.

EPA Announces Disclosure Of CBI In RFS SRE Petitions And Related Information In EPA’s EMTS

On May 5, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have submitted small refinery exemption (SRE)...more

Bergeson & Campbell, P.C.

Congresswoman Axne Announces GAO Response To Investigation Report On EPA Misuse Of SREs

On January 13, 2020, U.S. Representative Cindy Axne announced that the Government Accountability Office (GAO) has responded to a bipartisan letter submitted by members of the House Biofuels Caucus (HBC) requesting an...more

King & Spalding

EPA’s 2020 Renewable Fuel Standard Adopts New Methodologies That Diverge from Prior Interpretations

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On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more

Bergeson & Campbell, P.C.

EPA Releases Its Supplemental Proposal On RFS

On October 15, 2019, EPA Administrator, Andrew Wheeler, signed a supplemental notice of the proposed rule on the Renewable Fuel Standard (RFS) that proposes to establish the cellulosic biofuel, advanced biofuel, and total...more

Faegre Drinker Biddle & Reath LLP

Biofuel Quarrel Continues Despite Trump Attempt as Peacemaker

A dispute between two of President Trump’s key constituencies entered a new phase on October 15, when the Environmental Protection Agency (EPA) issued a supplemental notice of proposed rulemaking to establish renewable fuel...more

Mintz

Energy & Sustainability Connections Newsletter - November 2017

Mintz on

A Note from the Editors - This month’s edition of Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox....more

Bergeson & Campbell, P.C.

EPA Waives RFS Requirements For States Affected By Hurricane Harvey

On August 31, 2017, the U.S. Environmental Protection Agency (EPA) announced that requirements for reformulated gasoline and low volatility gasoline would be waived through September 15, 2017, for Alabama, Florida, Georgia,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017

Groundbreaking Held for New Methanol Plant in Kanawha County, West Virginia - "US Methanol expects it will open its first American facility, Liberty One, in mid-2018, which will be capable of producing 200,000 metric tons...more

Bergeson & Campbell, P.C.

Appellate Court Rules EPA RFS Exemption Criteria Too Strict

On August 15, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled two to one that the U.S. Environmental Protection Agency (EPA) exceeded its statutory authority under the Clean Air Act (CAA) when it denied Sinclair...more

Pillsbury - Gravel2Gavel Construction & Real...

Tenth Circuit Vacates EPA Order Denying Small Refiners’ Request for RFS Program Exemption

On August 15, the U.S. Court of Appeals for the Tenth Circuit decided the case of Sinclair Wyoming Refining Company, et al., v. U.S. EPA. In a split decision, the Tenth Circuit vacated a final order of the Environmental...more

Latham & Watkins LLP

The Uncertain Future of the Renewable Fuel Standard: Litigation and Regulatory Change in the New Administration

Latham & Watkins LLP on

The new Administration faces consequential near-term court decisions and policy choices as it charts a future course for the RFS. ..The outcome of pending court challenges to the 2014-2016 RFS Rule will be consequential,...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

Bergeson & Campbell, P.C.

BRAG, B&C, and Industrial Biotechnology Host Bioeconomy Leaders Reception During BIO World Congress 2016

Scientists, executives, investors, and media representatives gathered in San Diego, California on Monday evening for a fascinating and wide-ranging panel discussion on current issues facing bioeconomy leaders and innovators....more

Bergeson & Campbell, P.C.

DOE, EPA, And USDA Release Biogas Opportunities Roadmap Progress Report

On December 16, 2015, the U.S. Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and U.S. Department of Agriculture (USDA) released the Biogas Opportunities Roadmap Progress Report. The report shows the...more

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