Blogs

In a wide-ranging decision issued on August 13, 2014, in Center for Biological Diversity v. EPA (N.D. Cal.) (often referred to as the “Mega ESA” case), Magistrate Judge Spero has dismissed most of the claims by the Plaintiffs that the U.S. Environmental Protection Agency (EPA) failed to consult or to reinitiate consultation under Endangered Species Act (ESA) Section 7(a)(2) in connection with EPA’s registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of a...

In an August 11, 2014, filing with the U.S. Securities and Exchange Commission, cellulosic biofuel company KiOR, Inc. (KiOR) reported that without any new financial commitments, the Company only has enough funding to operate through September 2014. This announcement is significant for the biofuels industry, as EPA had relied on KiOR's projected volumes of available cellulosic biofuels to make up a significant part of the 2013 cellulosic renewable volume obligations (RVO) under the federal...

On August 12, 2014, Virent announced that it has received fuel registration from EPA for its BioForm® gasoline in blends up to 45 percent. According to the company's press release, this registration means that the BioForm® gasoline may now be used in on-highway motor vehicles. The EPA testing work for the registration was funded by Virent's partner Royal Dutch Shell. Virent's CEO Lee Edwards remarked in the company's press release on the announcement that "[s]ecuring...

On August 7, 2014, a group of nine Democratic Senators led by Senator Tom Harkin (D-IA) sent a letter to the EPA Administrator, Gina McCarthy, on the treatment of biogenic carbon emissions from stationary sources. The other eight Senators who signed the letter are: Tim Johnson (D-SD); Heidi Heitkamp (D-ND); Ron Wyden (D-OR); Maria Cantwell (D-WA); Al Franken (D-MN); Patty Murray (D-WA); Joe Donnelly (D-IN); and Amy Klobuchar (D-MN). The letter comes at a time when EPA is working to issue in...

The Energy Biosciences Institute at the University of Illinois recently helped fund two research projects that provide recommendations to prevent invasive species from being planted as new crops and used for bioenergy production. The two studies are: (1) "Resolving Regulatory Uncertainty: Legislative Language for Potentially Invasive Bioenergy Feedstocks"; and (2) "Bioenergy Feedstocks at Low Risk for Invasion in the U.S.: A 'White List' Approach." The first study...

More reports from attendees at last week's sold out, three-day Sustainable Futures (SF) workshop, co-sponsored by the Biobased and Renewable Products Advocacy Group (BRAG®), the U.S. Environmental Protection Agency (EPA), and George Washington University (GWU): "I would highly recommend SF training to others. The risk-screening models are a great tool that can be utilized to identify and reduce risk early in the product development process. The instructors at the workshop were...

Fifteen European industry associations, including the Nanotechnology Industries Association (NIA) and the European Chemical Industry Council (CEFIC), have endorsed a brochure entitled “Europe needs safe and innovative nanotechnologies and nanomaterials.” According to the brochure, the associations “support the European Commission conclusion that the current European regulatory framework adequately covers nanomaterials, is science-based and proportionate.” The brochure...

On August 7, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has consolidated information on soil fumigants and placed it on a new “user-friendly” website. In an e-mail announcing the launch of its new Soil Fumigant Toolbox, EPA noted that the site is intended to reduce exposure to agricultural workers and the public. The website includes information on soil fumigants, buffer zones, and information targeted for communities, certified applicators of soil fumigants, and...

On August 5, 2014, Genomatica announced that it will be focusing on developing complete process technologies for the biobased production of major nylon intermediates -- including hexamethylenediamine, caprolactam, and adipic acid (HMD, CPL, and ADA). A copy of Genomatica's press release on this announcement is available online.

On August 1, 2014, the U.S. Department of Agriculture (USDA) issued a final rule on "Guidelines for Designating Biobased Products for Federal Procurement." A copy of the rule is available online. The rule is effective on September 2, 2014. Under the rule, wood products will become eligible under USDA's BioPreferred Program, which was created under the 2002 Farm Bill. The rule removes language that excluded mature markets from the program. This change will open up the program to the...