Small Refinery Exemption Litigation Update
Podcast - An Update on the Renewable Fuel Standard Final Rule
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
On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more
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
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
On 1 December 2022, U.S. Environmental Protection Agency (EPA) proposed a major new regulatory component of the Renewable Fuel Standard program (RFS) to recognize electricity produced from biomass and used to fuel electric...more
After a two-year delay, on June 3, 2022, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its final rule for setting renewable fuel percentage standards under the...more
On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) proposed the long-awaited and much anticipated renewable fuel targets for 2020, 2021, and 2022 under the federal Clean Air Act’s (“CAA”) Renewable Fuel...more
For more than a decade, the Federal Renewable Fuel Standard (RFS) has provided powerful incentives that have driven the introduction of new transportation fuels into the US marketplace due to valuable credits known as...more
On January 19, 2021, EPA issued a request for comment on petitions submitted in 2020 for a waiver of the RFS obligations that apply to 2019 and 2020. The petitions argue that recent events warrant EPA exercising its general...more
On November 14, 2019, Senator Tom Udall (D-NM) and Representative Peter Welch (D-VT) introduced legislation seeking to reform the Renewable Fuel Standard (RFS) under the Clean Air Act (CAA). The Growing Renewable Energy...more
On June 27, 2019, U.S. Senator John Kennedy (R-LA) submitted a letter to USDA Secretary Sonny Purdue asking him to stop threatening energy jobs in Louisiana. In his letter to Secretary Purdue, Senator Kennedy outlines...more
On May 22, 2019, Senator Ron Wyden (D-OR) introduced a bill (S. 1614) to amend the Clean Air Act (CAA) to modify the definition of “renewable biomass” under the Renewable Fuel Standard (RFS). The CAA currently prohibits the...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
TSCA/FIFRA - Deadline Approaching For Comments On EPA’s Proposed Reporting Requirements For TSCA Mercury Inventory: As reported in our TSCAblog® item, on October 26, 2017, the U.S. Environmental Protection Agency (EPA)...more
On October 31, 2017, the U.S. Environmental Protection Agency (EPA) sent its final rule to set the Renewable Fuel Standard (RFS) volumes for 2018 and 2019 to the U.S. Office of Management and Budget (OMB) for review. Under...more
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
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
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
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
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
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
ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A...more
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
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 May 25, 2016, the U.S. Environmental Protection Agency (EPA) announced a public hearing for the proposed rule "Renewable Fuel Standard Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018." A...more