News & Analysis as of

Renewable Fuel Standard

U.S. Court of Appeals Rules on Renewable Fuel Standard Battle

by Varnum LLP on

In July, the U.S. Court of Appeals, District of Columbia Circuit ruled in favor of renewable fuels advocates, including the Americans for Clean Energy and the National Corn Growers Association, agreeing with the petitioners...more

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

Biofuel Industry Testifies At EPA Hearing On RFS Program

by Bergeson & Campbell, P.C. on

On August 1, 2017, the U.S. Environmental Protection Agency (EPA) held a public hearing to hear from all segments of the fuel industry on the proposed rule to set the 2018 renewable volume obligations (RVO) under the...more

EPA Publishes Analysis Of GHG Emissions From Sugar Beets

On July 26, 2017, the U.S. Environmental Protection Agency (EPA) published its analysis of the upstream greenhouse gas (GHG) emissions attributable to the production of sugar beets for use as a biofuel feedstock. EPA...more

DC Circuit Weighs In on EPA’s Rule Establishing Renewable Fuel Requirements

In Americans for Clean Energy, et al v. EPA, decided July 28, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Environmental Protection Agency’s (EPA) 2015 rule establishing renewable fuel...more

EPA Publishes Proposed 2018 RFS Requirements

by Bergeson & Campbell, P.C. on

On July 18, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its proposed rule on the Renewable Fuel Standard (RFS) Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019. ...more

EPA Releases Proposed 2018 RFS Volume Requirements

by Bergeson & Campbell, P.C. on

On July 5, 2017, the U.S. Environmental Protection Agency (EPA) issued proposed volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2018,...more

Biofuel Industry Sends Letter On RVP To Senate Environment And Public Works Committee

by Bergeson & Campbell, P.C. on

On June 12, 2017, 28 companies representing the advanced and cellulosic biofuel industry sent a letter to the members of the Senate Environment and Public Works Committee requesting their support for the Consumer and Fuel...more

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

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