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

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,...
December 4, 2024

DOE’s Idaho National Laboratory Will Hold Webinar on Bioenergy Feedstock Library on December 11, 2024

On December 11, 2024, the U.S. Department of Energy’s (DOE) Idaho National Laboratory (INL) will hold a webinar on its Bioenergy Feedstock Library, “a cornerstone database resource funded by DOE’s Bioenergy Technologies Office (BETO), and how it supports bioenergy research.” According to DOE, the Bioenergy Feedstock Library provides information and knowledge on over 100,000 bioenergy feedstock samples, supporting U.S. bioeconomy development by providing standardized data on biomass...
December 3, 2024

APHIS Revises and Adds Exemptions for Plants Modified or Produced through Genetic Engineering

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on November 13, 2024, that it added modifications a plant may contain and qualify for exemption from regulations governing movement of organisms modified or produced using genetic engineering because the modifications are achievable through conventional breeding. 89 Fed. Reg. 89569. As reported in our November 16, 2023, blog item, APHIS had proposed five types of modifications: According to...
November 27, 2024

DOE Releases New Report on Pathways to Commercial Liftoff for Sustainable Aviation Fuel

The U.S. Department of Energy (DOE) announced on November 13, 2024, the release of its latest Pathways to Commercial Liftoff report, “Pathways to Commercial Liftoff: Sustainable Aviation Fuel,” which analyzes the technical and commercial readiness of several sustainable aviation fuel (SAF) production pathways and highlights steps that both the public and private sector can take to make the United States a global leader in SAF production as soon as 2030. According to DOE, key findings...
November 25, 2024

BETO Will Host Project Peer Review April 22-25, 2025, in Arlington, Virginia

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host the next Project Peer Review from April 22-25, 2025, in Arlington, Virginia.  During the 2025 Project Peer Review, around 200 projects in BETO’s research, development, and demonstration portfolio will be presented to the public and systematically reviewed by external subject-matter experts from academia, industry, and federal agencies. BETO notes that the Project Peer Review will have several simultaneous...
November 23, 2024

DOE Releases SAF Grand Challenge Roadmap Implementation Framework

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on November 20, 2024, the release of the Sustainable Aviation Fuel (SAF) Grand Challenge Roadmap Implementation Framework. Developed by an interagency team led by DOE, the U.S. Department of Agriculture (USDA), and U.S. Department of Transportation’s (DOT) Federal Aviation Administration (FAA), the framework is a supplemental document to the roadmap. Whereas the roadmap identified the actions needed to...
November 20, 2024

Biomanufacturing Interagency Working Group Identifies Actions to Increase U.S. Biomanufacturing Capacity

On November 15, 2024, the White House Office of Science and Technology Policy (OSTP) released a report by the Biomanufacturing Interagency Working Group entitled “Building a Vibrant Domestic Biomanufacturing Ecosystem.” The Working Group includes representatives from the U.S. Department of Defense, U.S. Department of Energy, U.S. Department of Commerce, U.S. Department of Agriculture, U.S. Department of Health and Human Services, National Science Foundation, U.S. Department of State, the...
November 11, 2024

NASEM Announces New International Bioeconomy Forum to Launch in Early 2025

On October 28, 2024, the National Academies of Sciences, Engineering, and Medicine (NASEM) announced that a new NASEM initiative, the International Bioeconomy Forum, will launch in early 2025. According to NASEM, its International Bioeconomy Roundtable and the Association of Biotechnology Led Enterprises (ABLE) met on September 13, 2024, during the Global Bio-India 2024 conference in New Delhi, India, to discuss the scope of the International Bioeconomy Forum. NASEM states that the forum will...
November 8, 2024

DOE’s Agile BioFoundry and Advanced Biofuels and Bioproducts Process Development Unit Partner with Industrial Microbes to Scale Up Biobased Process

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on October 7, 2024, that researchers at its Agile BioFoundry (ABF) and Advanced Biofuels and Bioproducts Process Development Unit (ABPDU) successfully scaled up a biobased process that converts ethanol into “a valuable precursor for consumer products, such as paints, coatings, and diapers.” The researchers worked with industry partner Industrial Microbes to develop the process. Although acrylic acid is...
November 7, 2024

APHIS Releases Final Guide to Submitting Reports and Notices in APHIS eFile and Response to Comments

On November 6, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced the completion of the final version of the Guide to Submitting Data for Reports and Notices in APHIS eFile and the Response to Comments: Guide to Submitting Data for Reports and Notices in APHIS eFile. In October 2023, to clarify and streamline its biotechnology regulations further, BRS published for comment a draft guide...
November 6, 2024

Registration Opens for USDA’s 101st Agricultural Outlook Forum

The U.S. Department of Agriculture (USDA) has opened registration for the 101st Agricultural Outlook Forum. The event, entitled “Meeting Tomorrow’s Challenges, Today,” will be held at the Crystal City Gateway Marriott in Arlington, Virginia, on February 27-28, 2025. Additionally, USDA will livestream all Forum sessions on a virtual platform. According to USDA, the program will feature a presentation on the 2025 outlook for the U.S. agricultural economy and trade by USDA Chief Economist...
November 5, 2024

USDA Announces $239 Million to Increase Access to Domestic Biofuels

The U.S. Department of Agriculture (USDA) announced on October 29, 2024, that it is awarding $39 million in grants to U.S. business owners to increase the availability of domestic biofuels in 18 states and provide cleaner, more affordable fuel options. USDA will also make $200 million available through the new Biobased Market Access and Development Grants made possible by Commodity Credit Corporation (CCC) funds. According to USDA, the awards and funding are made possible through...
November 4, 2024

APHIS Issues RSR Responses for Modified Orange, Corn, Almond, and Tomato Plants

In October 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) reviewed the following plants modified using genetic engineering to determine whether they posed an increased plant pest risk relative to non-modified comparators: APHIS states that it found these modified plants were unlikely to pose an increased plant pest risk compared to other cultivated plants. As a result, they are not subject to regulation under 7 C.F.R. Part 340. APHIS...
November 2, 2024

Treasury Department and IRS Issue Guidance for SAF Credit

On October 18, 2024, the U.S. Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued Notice 2024-74 for the Sustainable Aviation Fuel (SAF) credit created by the Inflation Reduction Act (IRA). According to the IRS’ October 18, 2024, press release, the SAF credit ranges from $1.25 to $1.75 for each gallon of SAF in a qualified mixture. To qualify for the credit, the SAF must have a minimum reduction of 50...
October 31, 2024

BRS Will Hold Annual Stakeholder Meeting on November 14, 2024

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) will hold its annual stakeholder meeting on November 14, 2024. The meeting will take place in person at the USDA Center at Riverside, 4700 River Road, Riverdale, Maryland, with an option for virtual attendance. The meeting agenda includes the following items: Registration is open....
October 2, 2024

EPA, FDA, and USDA Release Tool to Help Companies Developing Microbial Biotechnology Products Navigate Regulatory Landscape

On October 2, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) announced the release of a new web-based tool on the Unified Website for Biotechnology Regulation for companies that develop microbial biotechnology products. EPA notes that biotechnology products include plants, animals, and microorganisms developed through genetic engineering or the targeted manipulation of genetic information. According to EPA,...
October 1, 2024

EPA Announces Winners of the 2024 Green Chemistry Challenge Awards

On September 26, 2024, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2024 Green Chemistry Challenge Awards for new and innovative green chemistry technologies. According to EPA, the winners have developed chemical products and processes that reduce or eliminate the generation and use of hazardous substances, use less energy, and are more sustainable. An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute...
September 30, 2024

APHIS Announces Updated Permitting Resources for Developers

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced on September 12, 2024, the availability of the following updated resources to help developers more efficiently prepare and submit APHIS BRS permit applications: According to APHIS, these resources deliver some of the commitments identified in the May 2024 Plan for Regulatory Reform that USDA, the U.S. Environmental Protection Agency (EPA), and the...
September 27, 2024

EPA Announces 2024 Safer Choice Partner of the Year Award Winners

The U.S. Environmental Protection Agency (EPA) announced the 2024 Safer Choice Partner of the Year award winners on September 24, 2024. EPA recognized the 43 award winners for their achievements in the design, manufacture, promotion, selection, and use of cleaners, detergents, and other products with safer chemicals. EPA notes the following achievements among the winners: The winners include: American Cleaning Institute Apple Blueland Bona US Booyah Clean Case Medical Choctaw Nation of Oklahoma,...
September 24, 2024

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

On September 13, 2024, the U.S. Environmental Protection Agency (EPA) began a public comment period on a proposed update to its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing (Recommendations) that help federal government purchasers and other buyers use private sector standards and ecolabels to buy products that are more sustainable and climate-friendly and contain safer chemical ingredients. 89 Fed. Reg. 74940. In its September 10, 2024, press release, EPA...