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ML Strategies’ Energy & Environment Update

With legislative efforts to reform or repeal the Renewable Fuels Standard (RFS2) on hold after the Environmental Protection Agency proposed paring back required blended levels of biofuel (renewable volume obligations or...more

NBB Challenges Monroe Energy’s Standing To Challenge 2013 RFS

On June 20, 2014, the National Biodiesel Board (NBB) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court rehear whether Monroe Energy (Monroe), a refining subsidiary...more

RFS Update: EPA Extends 2013 RFS Compliance Deadlines, Final 2014 RFS on Deck

On June 16, 2014, EPA extended the compliance and attest engagement reporting deadlines for the 2013 Renewable Fuel Standard (RFS), to September 30, 2014 and January 30, 2015, respectively. 79 Fed. Reg. 34242 (June 16, 2014)....more

ML Strategies’ Energy & Environment Update: June 2014 #2

With most of the energy sector’s attention focused this month on what the Environmental Protection Agency is doing with its proposed 111(d) rule regulating carbon emissions, less was said about what the agency did not do:...more

Legal Alert: EPA Sends Rule Amending Renewable Fuel Biogas Provisions to the White House for Final Review

The Environmental Protection Agency (EPA) has sent amendments to the Renewable Fuel Standard (RFS) to the White House’s Office of Management and Budget (OMB) that would further incorporate the use of biogas into the RFS. OMB...more

RFS Advocacy Continues As Final 2014 Rule Expected Soon

Renewable Fuel Standard (RFS) advocacy is continuing at a steady pace in anticipation of the expected imminent release of the U.S. Environmental Protection Agency's (EPA) 2014 final RFS rule. Some biofuels advocates believe...more

OMB Reviewing RFS Pathways Rule As Renewable Fuel Standard (RFS) Activity Remains High

The White House Office of Management and Budget (OMB) has reportedly received the final rule on "RFS Pathways II and Technical Amendments to the RFS2 Standards" (RFS Pathways II rule) from EPA. This is the last step in the...more

Renewable Fuel Producers Oppose EPA Motion In 2013 RFS Case

Oral argument was heard on April 7, 2014, on a joint motion filed in the U.S. Court of Appeals for the D.C. Circuit by EPA, API, and AFPM to sever certain issues and hold them in abeyance pending administrative...more

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

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

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 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

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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