Small Refinery Exemption Litigation Update
The Environmental Protection Agency (“EPA”) has recently finalized volumes for compliance years 2020, 2021, and 2022 under the Clean Air Act (“CAA”)’s renewable fuel standard (“RFS”) program and took several other related...more
On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) released its proposed 2020, 2021, and 2022 Renewable Volume Obligations (“RVOs”). RVOs determine the amount of renewable fuel (typically, ethanol) certain...more
The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA’s ability to grant...more
On July 2, 2021, U.S. Representatives Angie Craig (D-MN) and Randy Feenstra (R-IA) introduced a bill called the Small Refinery Exemption Clarification Act of 2021. The bill clarifies that only oil refineries that have been...more
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
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
On July 20, 2018, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruled that EPA must reconsider its denial of Ergon-West Virginia, Inc.’s (Ergon) application for a small refinery waiver under the RFS. The...more
Researchers at the DOE National Renewable Energy Laboratory (NREL) are seeking responses to a survey on biorefinery operations. Yimin Zhang, an environmental engineer at NREL, and Marshall Goldberg, a subcontractor for NREL,...more
On January 4, 2018, the U.S. Department of Agriculture’s National Institute of Food and Agriculture (NIFA) awarded the University of Tennessee a $2,994,429 grant to improve biorefinery technologies through the Integrated...more
On January 6, 2017, the U.S. Department of Energy (DOE) and USDA announced a $22.7 million funding opportunity to support integrated biorefinery (IBR) optimization, with DOE providing up to $19.8 million and USDA’s National...more
On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more
On October 17, 2014, Abengoa opened -- and DOE Secretary Ernest Moniz dedicated -- the world's largest cellulosic biorefinery in Hugoton, Kansas. This second generation cellulosic ethanol plant will process 1,000 tons of...more
On October 3, 2014, Agriculture Secretary Vilsack announced that USDA reached an agreement with Silicon Valley Bank to provide a $91 million Biorefinery Assistance Program loan guarantee to Cool Planet for a biofuel plant in...more
On May 6, 2014, in what is largely seen as a win for the U.S. Environmental Protection Agency (EPA) and the biofuels industry, the U.S. Court of Appeals for the District of Columbia Circuit rejected the challenge to EPA's...more
Today, December 18, 2013, the U.S. Environmental Protection Agency (EPA) issued a Notice of Violation (NOV) of the Clean Air Act’s Renewable Fuel Standard (RFS) to e-Biofuels, LLC and its parent company Imperial Petroleum,...more