In The News

Sep 8, 2021

Biofuel and Ag Leaders Oppose EPA Motion to Remand 2018 SREs without Vacatur

Key Issues: Ethanol

Author: Ken Colombini

Last night, the Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union opposed the U.S. Environmental Protection Agency’s (EPA) motion to remand but not vacate the 31 small refinery exemptions (SREs) the Trump Administration granted in August 2019. The coalition of biofuel and ag leaders is currently challenging the 31 SREs in the D.C. Circuit, arguing that EPA’s issuance of the exemptions was arbitrary and capricious and exceeded the Agency’s authority under the Clean Air Act.   Together, these leaders provided the following statement in opposition to this motion:   “While it is encouraging that EPA intends to reconsider the 31 SREs granted for the 2018 compliance year, we must oppose EPA’s motion to remand without a deadline and without addressing the SREs’ ongoing damage to the biofuel industry. In addition to seeking a remand of the SREs, the Biden...

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Apr 13, 2021

RFA, Growth Energy and NCGA Defend Year-Round E15 in Court

Key Issues: EthanolFarm Policy

Author: Ken Colombini

Today, the D.C. Circuit Court will hear oral arguments in American Fuel & Petrochemical Manufacturers, et al. vs. EPA, a case in which oil refiners challenge the Environmental Protection Agency’s 2019 rulemaking that paved the way for the year-round sale of E15. As intervenors in the case, the Renewable Fuels Association, Growth Energy and the National Corn Growers Association will also argue in support of upholding the E15 rule in court today.   In a joint statement, RFA, Growth Energy and NCGA said, "Oil refiners are simply trying to reclaim more market share by blocking American drivers from year-round access to a more affordable, lower-carbon fuel at the pump. Studies have repeatedly shown that the volatility of E15 is lower than that of E10. And other recent studies find that a nationwide switch from E10 to E15 would significantly reduce greenhouse gas emissions –equivalent to removing approximately 3.85 million vehicles from the road. If the refiners had their way and...

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Mar 31, 2021

Biofuels Coalition Welcomes Amicus Briefs in Supreme Court RFS Case

Key Issues: Ethanol

Author: Ken Colombini

The Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol (collectively referred to as the “Biofuels Coalition”) thanked the states of Iowa, Nebraska, Illinois, Michigan, Minnesota, Oregon, South Dakota, and Virginia for filing an amicus curiae brief in the Supreme Court today in support of the Coalition’s arguments in HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al. The Coalition also expressed its appreciation to the other biofuel and agriculture groups that filed amicus briefings in support of the biofuels industry.   HollyFrontier and other refiners are asking the Supreme Court to overturn the January 2020 ruling of the U.S. Court of Appeals for the Tenth Circuit in Renewable Fuels Association (RFA) v. EPA, in which the court found EPA exceeded its authority in granting certain small refinery waivers. Recognizing that “the renewable fuel and agriculture industries are the...

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Feb 22, 2021

Farm, Biofuel Leaders Embrace EPA’s New Position on Tenth Circuit’s Small Refinery Waiver Decision

Key Issues: Ethanol

Author: Ken Colombini

Today, the U.S. Environmental Protection Agency announced that it is supporting the Tenth Circuit Court’s January 2020 decision in Renewable Fuels Association et al. v. EPA. After careful review of the decision, EPA’s new leadership agrees with both the court and the biofuel litigants that small refinery exemptions were meant to be temporary and that only pre-existing exemptions may be “extended” by the agency.    EPA states that it “agrees with the court that the exemption was intended to operate as a temporary measure and, consistent with that Congressional purpose, the plain meaning of the word ‘extension’ refers to continuing the status of an exemption that is already in existence.”     The four petitioners in the case—the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol and National Farmers Union—released the following statement:   “Our nation’s biofuel producers and farmers appreciate EPA’s careful review of the Tenth...

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Dec 8, 2020

Biofuels Coalition Files Brief Challenging 31 Small Refinery Exemptions in 2018

Key Issues: Ethanol

Author: Ken Colombini

The Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National Farmers Union today filed a brief challenging EPA’s August 2019 decision to exempt 31 small refineries from their obligations to comply with the Renewable Fuel Standard in 2018. Collectively known as the Biofuels Coalition for this case, the group submitted its filing to the D.C. Circuit Court of Appeals, arguing that EPA lacked the authority to issue such exemptions and that it acted in an arbitrary and capricious manner in attempting to do so.   In its brief, the Coalition asserts some of the same arguments that the Renewable Fuels Association, NCGA, NFU, and ACE successfully made in the Tenth Circuit Court of Appeals against three small refinery exemptions, including the fact that EPA lacked the authority to extend small refinery exemptions that had lapsed in earlier years. The Coalition also took on EPA’s failure to...

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