Regulatory, legal, policy, and business developments in renewable chemicals, biofuels, and other biobased products

January 8, 2025

EPA Proposes Partial Waiver of 2024 Cellulosic Biofuel Volume Requirement and Extension of 2024 Compliance Deadline

The U.S. Environmental Protection Agency (EPA) published a proposed rule on December 12, 2024, that would partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. 89 Fed. Reg. 100442. As a result of this proposed change, EPA proposes to extend the RFS compliance reporting deadline for the 2024 compliance year. According to the proposed rule,...
January 7, 2025

United States Prevails in USMCA Dispute on Genetically Engineered Corn

The U.S. Department of Agriculture (USDA) announced on December 20, 2024, that the United States prevailed in its dispute under the United States-Mexico-Canada Agreement (USMCA) challenging certain Mexican biotechnology measures concerning genetically engineered (GE) corn. Under a February 2023 presidential decree, Mexico banned immediately the use of GE corn in dough and tortillas and instructed government agencies to eliminate gradually the use of GE corn for other food uses and in animal...
January 6, 2025

FY 2025 NDAA Includes Biotechnology Provisions

The National Security Commission on Emerging Biotechnology announced on December 18, 2024, that the fiscal year 2025 National Defense Authorization Act includes “a suite of recommendations designed to galvanize action on biotechnology” for the U.S. Department of Defense (DOD). According to the Commission, the bill includes new authorities and requirements — derived from its May 2024 proposals — that will position DOD and the intelligence community (IC) to maximize the benefits of...
January 3, 2025

White House OSTP Announces Availability of Federal Sustainable Chemistry Strategic Plan

On December 19, 2024, the White House Office of Science and Technology Policy (OSTP) announced the availability of the Federal Sustainable Chemistry Strategic Plan (Strategic Plan). As reported in our January 19, 2021, memorandum, Subtitle E of TII of the National Defense Authorization Act for Fiscal Year 2021 (NDAA for FY2021) includes the text of the bipartisan Sustainable Chemistry Research and Development Act of 2019. Subtitle E establishes an interagency working group led by OSTP...
January 2, 2025

APHIS Restarts Permitting and “Am I Regulated” Processes for Products of Biotechnology

As reported in our December 5, 2024, blog item, on December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020,...
December 31, 2024

DOE Announces Intent to Fund R&D to Advance Biofuels and Bioproducts

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on December 16, 2024, its intent to fund research and development (R&D) projects in two priority areas, sustainable propane and renewable chemicals, and algal system cultivation and preprocessing: The SPARC and MASY funding opportunities support government-wide targets of DOE’s Clean Fuels and Products ShotTM and Sustainable Aviation Fuel Grand Challenge. They also align with BETO’s strategic goals to...
December 23, 2024

USDA Issues Streamlined Regulation for Biobased Markets (BioPreferred) Program

The Rural Business-Cooperative Service (RBCS), an agency of the Rural Development mission area within the U.S. Department of Agriculture (USDA), issued a final rule on December 9, 2024, that adopts changes from the Agriculture Improvement Act of 2018 (2018 Farm Bill) that apply to the Biobased Markets (BioPreferred) Program. 89 Fed. Reg. 97459. RBCS notes that these changes include the merger of the Guidelines for Designating Biobased Products for Federal Procurement and the Voluntary Labeling...
December 17, 2024

EPA Updates Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing

The U.S. Environmental Protection Agency (EPA) announced on December 5, 2024, that it published updates to its Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations). EPA notes that this is the first time in almost ten years that it has comprehensively evaluated private-sector standards and ecolabels and expanded the Recommendations. According to EPA, the Recommendations “help buyers cut through the clutter to identify thousands of products and...
December 6, 2024

CRS Updates Report on Gene-Edited Plants: Regulation and Issues for Congress

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...
December 5, 2024

District Court Grants Summary Judgment in Part to Plaintiffs, Vacating and Remanding Final SECURE Rule to USDA

On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...