Renewable Fuel Standard

News & Analysis as of

EPA Releases 2014-2018 Strategic Plan

On April 10, 2014, the U.S. Environmental Protection Agency (EPA) released its strategic plan through 2018. A copy of the plan is available online. It includes statements by EPA reinforcing its commitment to enhancing...more

Court Hears Challenges To EPA’s 2013 RFS Rule

On April 7, 2014, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in Monroe Energy, LLC v. EPA (No. 13-1265). In the case, Monroe Energy, a subsidiary of Delta Airlines, the American...more

California’s LCFS Surviving Challenges As Major Changes Loom

The Air Resources Board proposes to merge court-mandated re-adoption of the Low Carbon Fuel Standard with other significant program changes. The Low Carbon Fuel Standard (LCFS) continues to generate uncertainty due to...more

EPA To Review And Improve RFS Fuel Pathways Process

The U.S. Environmental Protection Agency (EPA) has announced that it will take approximately the next six months to evaluate and improve the petition process for new fuel pathways under the federal Renewable Fuel Standard...more

Biofuels lead growth in U.S. biomass energy

The use of energy from biomass resources in the United States grew more than 60% over the decade between 2002 and 2013 -- primarily in the form of increased use of biofuels like ethanol and biodiesel that are produced from...more

The Environmental Protection Agency’s Authority to Amend the Renewable Fuel Standard

In this article: - Introduction - EPA’s Underlying Authority to Interpret the CAA - RFS Volume Mandate Reduction Authority under the CAA - Analysis of EPA’s Authority to Amend the RFS Regulatory...more

D.C. Circuit Dismisses Most Industry Challenges to EPA’s Utility NSPS as Premature, Upholds EPA on Opacity Monitoring and...

In a unanimous decision issued on March 11, 2014, the United States Court of Appeals for the District of Columbia Circuit rejected, on procedural and substantive grounds, a number of industry challenges to EPA’s new source...more

California Environmental Law and Policy Update - February 21, 2014

Environmental and Policy Focus - White House proposes new fuel efficiency rules to reduce emissions from heavy trucks: Los Angeles Times - Feb 18 - President Obama moved ahead Tuesday with plans to further tighten...more

California Environmental Law and Policy Update - January 31, 2014

Environmental and Policy Focus: Ninth Circuit debates application of dormant Commerce Clause - CourtHouse News - Jan 22: A Ninth Circuit appellate panel’s rejection of a challenge to the “life-cycle analysis” approach...more

Infrastructure Alert - January 30, 2014

In Tuesday’s State of the Union address, President Obama urged Congress to pass a reauthorization for the Water Resources Development Act. President Obama also called for corporate tax reform as a method to finance...more

ML Strategies’ Weekly Energy and Environment Update – Week of January 27, 2014

While Congress was in recess last week, many Obama Administration and Congressional officials traveled to Davos, Switzerland, to participate in the annual World Economic Forum. About a third of the panels addressed climate...more

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

EPA Proposes Reducing Renewable Fuel Mandate, Citing Market Issues and Technical Constraints

Several aspects of the Agency’s proposal raise issues for industry to address in comments and explore in the rulemaking process. Background and Summary - On November 29, 2013, the US Environmental Protection...more

Legal Alert: EPA Issues Notice of Violation Alleging e-Biofuels, LLC Generated 33.5 Million Invalid RINs; EPA Plans to Seek Fines...

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

ML Strategies Weekly Energy and Environment Update – Week of October 8, 2013

As the clock struck midnight October 1, the United States entered a new fiscal year, and, without a budget, the federal government shut down. Congress worked through the weekend to pass a continuing resolution, but the...more

ML Strategies Weekly Energy and Environment Update – Week of September 9, 2013

The House and Senate chambers, quiet for over a month, resumed regular business today. ML Strategies has produced a post-Labor Day outlook. Congress has several issues to address now that it is back in session including the...more

ML Strategies Weekly Energy and Environment Update – Week of August 12, 2013

With Congress out for the August recess, this week’s major energy-related announcements came from the Department of Energy and the Environmental Protection Agency....more

Energy And Environment Update -- June 3, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of the Interior; Environmental Protection Agency; Federal Energy Regulatory Commission;...more

EPA Proposes Biogas Amendments to the Renewable Fuel Standard: RIN Generation on Electricity from Biogas, Cellulosic RIN...

On May 21, the Environmental Protection Agency (EPA) proposed amendments to the federal Renewable Fuel Standard (RFS) that would further incorporate the use of biogas into the RFS. The RFS requires gasoline and diesel...more

DISPUTE RESOLUTION: Oil & Gas Litigation: EPA Amends the Renewable Fuel Standard Program to Address Recent Fraud

On February 21, 2013, in response to industry criticism over recent fraud in the Renewable Identification Number (“RIN”) market that has cost both the renewable fuel and petroleum industries millions of dollars, the...more

Legal Alert: Renewable Fuel Standard Costs Increase 1400% in Two Months: Corn-Ethanol RINs Cross $1.00 per Gallon Threshold

The federal Renewable Fuel Standard (RFS) requires gasoline and diesel refiners, blenders and importers to purchase and use an ever increasing number of renewable fuel credits (known as RINs) representing volumes of renewable...more

Proposed EPA Rules to Help Smaller RIN Sellers

On February 21st, EPA proposed new rules under the Renewable Fuel Standard Program (RFS) intended to improve market conditions for Renewable Identification Numbers (RINs). The RFS allows producers and importers of renewable...more

EPA Proposes Revisions to the Renewable Fuel Program to Prevent Fraud and Protect Innocent Traders in Renewable Identification...

Introduction - In 2007, the Environmental Protection Agency (“EPA”) established a program for trading renewable fuel credits (called “Renewable Identification Numbers” or “RINs”) for companies that were unable to produce...more

Capital Thinking Update - February 11, 2013

In This Issue: - General Legislative - Agriculture & Food - Budget, Appropriations, and Sequestration - Cybersecurity - Education - Energy - Environment - Financial...more

D.C. Circuit Issues Mixed Ruling on Biofuels Targets

The D.C. Circuit delivered a mixed decision recently regarding an American Petroleum Institute (“API”) challenge to the 2012 EPA Rule (“2012 Rule”) outlining blending requirements for cellulosic biofuels. Cellulosic biofuel...more

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