News & Analysis as of

Renewable Fuel Standard

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

RFA Sends Letter To EPA On RVO Rulemaking

by Bergeson & Campbell, P.C. on

On April 24, 2017, Bob Dineen, President and CEO of the Renewable Fuels Association (RFA) sent a letter to EPA Administrator Scott Pruitt requesting that the 2018 Renewable Fuel Standard (RFS) Renewable Volume Obligations...more

Judges Hear Oral Arguments On The Petition To Review RVO For 2014-2016

On April 24, 2017, U.S. Department of Justice (DOJ) attorneys representing the U.S. Environmental Protection Agency (EPA) and the renewable fuels and petroleum industries presented oral arguments before a three-judge panel of...more

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

by 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

EPA Implements 2017 RFS Volume Requirements

On March 21, 2017, the renewable fuel volume requirements for 2017, which were issued in final by EPA on December 12, 2016, were implemented. The effective date for the 2017 requirements was delayed following the...more

Senators Send Trump Letter On RFS Point Of Obligation

On March 16, 2017, 23 Senators, including Senator Chuck Grassley (R-IA) and Senator Amy Klobuchar (D-MN), sent President Trump a bipartisan letter requesting that he maintain the point of obligation under the Renewable Fuel...more

National Farmers Union Passes Resolution On Higher Blended Fuels

by Bergeson & Campbell, P.C. on

On March 13, 2017, the South Dakota Farmers Union announced that the National Farmers Union had passed a resolution calling for the U.S. Environmental Protection Agency (EPA) to open the market to higher blends of ethanol...more

Bipartisan Bill Introduced To Reform RFS Program

by Bergeson & Campbell, P.C. on

On March 2, 2017, Congressman Bob Goodlatte (R-VA) reintroduced the Renewable Fuel Standard (RFS) Reform Act, which aims to guide the debate and reform of the ethanol mandate. According to Goodlatte, the RFS program failed...more

API Supports EPA Denial Of RFS Petitions

by Bergeson & Campbell, P.C. on

On February 22, 2017, the American Petroleum Institute (API) announced plans to submit comments to EPA in support of its proposal to deny petitions requesting EPA initiate a rulemaking process to change the point of...more

Sierra Club Files Notice Of Intent To Sue EPA Over Failure To Analyze RFS Program

On February 23, 2017, the Sierra Club filed a notice of intent to sue EPA for failure to conduct the required environmental impact analysis on the RFS program. The notice states that EPA failed to assess and report to...more

Trump Supports Renewable Fuels In Letter To Industry

On February 21, 2017, President Trump sent a letter to the attendees of the National Ethanol Conference to reiterate his commitment to ethanol and the Renewable Fuel Standard (RFS). The letter states that Trump and his...more

Iowa Biofuel Industry Urges EPA To Reject RFS Point Of Obligation Petition

On February 16, 2017, a coalition of Iowa farmers, renewable fuel producers, and retailers urged Scott Pruitt, just prior to his being confirmed as the U.S. Environmental Protection Agency (EPA) Administrator, to protect the...more

Senators Send Letter To White House Counsel Regarding Carl Icahn Concerns

by Bergeson & Campbell, P.C. on

On February 13, 2017, seven democratic Senators sent a letter to White House Counsel Don McGahn requesting details on Carl Icahn’s role in the Trump Administration and the extent of his influence over the Renewable Fuel...more

Two Congressional Bills Aimed At Reforming The RFS

by Bergeson & Campbell, P.C. on

On January 31, 2017, two bills were introduced in the U.S. Congress that propose to reform the Renewable Fuel Standard (RFS) and the national biofuels mandate. The first bill would require the National Academy of Sciences...more

Ontario Seeks Input On RFS Discussion Paper

On January 11, 2017, the Government of Ontario released a discussion paper titled “Developing a Modern Renewable Fuel Standard For Gasoline in Ontario,” which provides context for the new RFS requirements. ...more

EPA Seeks Comments On GHG Analysis Of Sugar Beets For Biofuel Feedstock

On January 18, 2017, Christopher Grundler, the Director of the Office of Transportation and Air Quality for the U.S. Environmental Protection Agency (EPA), signed a notice inviting comment on its analysis of the upstream...more

What’s Happening at the EPA This Week — and What Does It Mean?

by Foley & Lardner LLP on

The Trump administration is barely a week and a half old, and its intention regarding Environmental Protection Agency (EPA) authority and oversight has been a hot topic. Here is an update about what we know — and what we...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

by K&L Gates LLP on

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

EPA Delays Effective Date of 2017 RFS Requirements

On January 26, 2017, EPA published a final rule delaying the effective date of 30 EPA regulations, including the RFS Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018 final rule....more

EPA Denies APFM’s Petition For Cellulosic Waiver

On January 17, 2017, the U.S. Environmental Protection Agency (EPA) wrote to the American Petrochemical and Fuel Manufacturers (AFPM) denying its petition for partial supplemental waiver of the 2016 cellulosic biofuel...more

Buckle-Up, Uncertainty Paves a Bumpy Road Ahead: Environmental Regulation Under the Trump Administration

Sutherland attorneys are closely watching the developments concerning changes to environmental regulation under President Trump. This article begins a series of communications with our clients on developments of particular...more

BRAG® Biofuels Industry Outlook For 2017

The biofuels industry is likely to face increasingly challenging times during the tenures of the new 115 th Congress -- which began on January 3 -- and the Trump Administration, scheduled to begin this Friday, January 20. ...more

Third Party Auditor May Lose Ability to Verify RINs

by Bergeson & Campbell, P.C. on

On January 4, 2017, EPA issued a notice of intent to revoke Genscape’s ability to verify Renewable Identification Numbers (RIN) as a third party auditor under the Renewable Fuel Standard (RFS) Quality Assurance Program (QAP)....more

EPA Facility Safety Rule (and Others) Delayed until March 21, 2017

by Alston & Bird on

Yesterday, EPA posted a pre-publication version of a new final rule (the Delay Rule) delaying the effective date of the Risk Management Program (RMP) Facility Safety Rule until March 21, 2017. The RMP Rule is one of 30...more

Make Congress Great Again?

by Kelley Drye & Warren LLP on

During its first week in session, the 115th Congress passed two bills aimed at reining in the executive branch’s powers. If signed into law, these bills could significantly impact employers who have faced myriad rulemakings...more

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