All Knowledge & Insights By Date

Reportedly, U.S. House Energy and Commerce Committee Chair Fred Upton (R-MI) plans to introduce a bill to modify the federal Renewable Fuel Standard (RFS). The bill is expected to be introduced soon after EPA releases its final rule setting the final 2014 RFS volume requirements for obligated parties under the law. Just this week the Administration has made public statements to suggest that the final 2014 rule will increase volume requirements from the proposed version...

On July 15, 2014, Inside EPA reported that "the White House is examining options for reversing EPA's proposed cuts to several renewable fuel standard (RFS) production targets in order to promote biofuels that create fewer greenhouse gases (GHGs) than conventional fuels, informed sources say, as part of the Obama administration's broader efforts to combat climate change." The article also quotes sources stating: "[F]igures under discussion between administration officials...

On July 2, 2014, EPA released a signed, pre-published version of its final rule for "Renewable Fuel Standard (RFS) Pathways II and Modifications to the RFS Program, Ultra Low Sulfur Diesel Requirements, and E15 Misfueling Mitigation Requirements." Under the rule, EPA qualifies certain additional fuel pathways that the Agency has determined meet the lifecycle greenhouse gas reduction requirements for cellulosic biofuel under the RFS. The final rule also provides guidance regarding the...

On June 26, 2014, the Congressional Budget Office (CBO) issued a 38-page report on the federal Renewable Fuel Standard (RFS), "The Renewable Fuel Standard: Issues for 2014 and Beyond." The report examines potential compliance with the RFS through 2017 under three scenarios and evaluates the effects on food and fuel prices under each one. A copy of CBO's summary of the report is available online. A copy of the full report is available online. The...

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 of Delta Airlines, had standing to challenge EPA's final rule setting the 2013 Renewable Fuel Standard (RFS). BRAG reported on the court's recent denial of Monroe's challenge to that final rule. A copy of that report is available online....

On May 29, 2014, the Environmental Working Group (EWG) released a report entitled "Ethanol's Broken Promise: Using Less Corn Ethanol Reduces Greenhouse Gas Emissions." A copy of the report is available online. The report concludes that "[t]he Environmental Protection Agency's pending proposal to cut the amount of corn ethanol that must be blended into gasoline in 2014 by 1.39 billion gallons would lower U.S. greenhouse gas emissions by the equivalent of 3 million tons of...

On Friday, May 23, 2014, EPA published its semi-annul regulatory agenda (Agenda) indicating the Agency's upcoming priorities and timelines. A copy of the Agenda is available online. According to the Agenda, EPA plans to issue several actions that will impact the biofuels industry, including the following: * 2014 Renewable Fuel Standard (RFS): EPA anticipates issuing the final rule in June 2014. BRAG has issued a report on the 2014 RFS. A copy of that report...

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 that they are making an impact with their stepped-up advocacy, as they believe the Administration will adjust the total renewable and advanced biofuel targets upwards from its proposed reductions to those categories of renewable fuels. The final rule is expected to be...

On May 2, 2013, EPA published a proposed rule and a direct final rule that would amend its 2013 cellulosic requirement published on August 15, 2013. The rules are available here and here. Through these actions, EPA is proposing a revised and reduced cellulosic standard for 2013 of 810,185 gallons. As EPA explains, the direct final rule will be "effective on July 1, 2014 without further notice, unless EPA receives relevant adverse comment by June...

On May 6, 2014, in what is largely seen as a win for the U.S. Environmental Protection Agency (EPA) and the biofuels industry, the U.S. Court of Appeals for the District of Columbia Circuit rejected the challenge to EPA's final 2013 Renewable Fuel Standard (RFS) rule by Monroe Energy, LLC (Monroe Energy), a refinery and subsidiary of Delta Airlines. In Monroe Energy, LLC v. EPA, the court held that EPA properly utilized its authority under...