Author Archives for friendlyadmin
December 14, 2022 10:56 am
Published by friendlyadmin
“On the first day of Christmas EPA proposed to me…a 692-page rule” Doesn’t have quite the same ring to it, does it? If you’ve been paying attention to the transportation fuels industry, you know that EPA just released the “Set” rule for 2023 and beyond. This was a monstrous release, boasting 692 pages of pure regulatory and scientific language. It was a real page-turner. The release is significant because 2023 is the first year the statute did not set mandatory targets for the transportation fuels industry. This means, under statute, EPA is now permitted to promulgate all future Renewable Volume... Read More →
November 9, 2022 10:58 am
Published by friendlyadmin
The problem with Thanksgiving, is that it stands in the way of Christmas. However, in the spirit of the month, I can give a few things that I am thankful for: sweet potato pie, family, and the continual growth of streaming services. I know of another entity that might be a little thankful this month: Suncor Energy. Recently, the 10th Circuit vacated EPA’s decision to deny Suncor a Small Refinery Exemption (SRE) and remanded (returned) it back to EPA for further analysis. Very briefly, the facts are Suncor purchased two adjacent refineries from two distinct companies. While they are under the... Read More →
October 12, 2022 12:10 pm
Published by friendlyadmin
It’s that time of year when the leaves are falling, the air is getting chillier, and rumors about the Renewable Fuel Standard (RFS) are mounting their broomsticks and flying through the air. With the deadline of the 2023 (and possibly beyond) RFS Set and recent legal proceedings associated with the release of 2021 and 2022 final Renewable Volume Obligations (RVOs), rumors are flying faster than Starbuck’s released its famed pumpkin spice latte. While there is a lot going on in the industry, I’ll be funny…so you’ll at least giggle while you read this… Let’s talk about the litigation and legal... Read More →
September 14, 2022 12:09 pm
Published by friendlyadmin
Like every basic girl, I absolutely love fall! The pumpkin spice, the leaves changing color, the fuzzy socks, the scented candles, literally all the things. While we think about the autumn leaves and apple pies (mmm pie), let’s talk about what EPA has to do for a rule to “fall” into place. Throughout this blog, I’ve talked a lot about court cases, industry reaction to a specific EPA-made rule, and other similar things. However, I haven’t really explained everything that goes into how EPA makes rules in the first place. In order to understand everything that goes on, both behind... Read More →
August 10, 2022 12:09 pm
Published by friendlyadmin
Group projects are the worst…or maybe that’s just my sentiments? Oh, come on, we both know you read the words “group project” and groaned! After its recent lawsuit and subsequent settlement with Growth Energy, I think EPA may know exactly how I (we) feel. Recently, Growth Energy and EPA reached a settlement that requires EPA to publish proposed target volumes for the 2023 Set by November 16, 2022, and have to be finalized no later than June 14, 2023. While the court is expected to approve the terms of the settlement, a consent decree has not yet been issued by... Read More →
July 13, 2022 12:08 pm
Published by friendlyadmin
One classic that my parents instilled in my millennial self was the cinematic masterpiece Rocky. But somehow, screaming “Adrian” before getting into a fight with my brother never won me any points with my parents. #horsehockey. Where am I going with this? Recently, Growth Energy filed a lawsuit against EPA that, well, goes the distance. You might remember in April of this year, EPA denied 36 small refinery exemptions from the 2018 compliance year, 31 of which had already been granted. When EPA denied those exemptions, it afforded these small refineries an “alternative compliance approach.” Essentially, due to the fact... Read More →
June 8, 2022 12:08 pm
Published by friendlyadmin
With all the hype of Season 4 of Stranger Things, it’s truly a miracle that I get anything done. Admittedly, I wasn’t all about it when it was originally released (pretty sure I was still in the black hole of law school), but I’m a little addicted now. Between defeating the Demogorgon and Dustin’s dimples, the show is pretty easy to love. Speaking of demogorgons, EPA recently released the final Renewable Volume Obligations (RVOs) for 2020, 2021, and 2022, and other, well, stranger things. Part of the reason the final release of the RVOs was important was that EPA was... Read More →
May 11, 2022 12:07 pm
Published by friendlyadmin
My dad, being the king of dad jokes that he is, recently told me that he needed to take out a loan application…so that he could put gas in his car… While he was quite pleased with the joke, his take on the price of a gallon of fuel these days is felt by many commuters at the pump. Like the typical daughter, I roll my eyes at his jokes, but the fuel supply issues these days are nothing to roll your eyes at. EPA, called on by the Biden Administration, has felt these constraints and has recently allowed an... Read More →
April 13, 2022 12:07 pm
Published by friendlyadmin
It seems like I’ve written a lot of articles on Small Refinery Exemptions (SREs). In my defense, there’s been a lot of material there. For example, last week EPA denied 36 petitions for SREs the 2018 compliance year. For a quick refresher, an SRE is a little bit of a “safe harbor” provision within the Renewable Fuel Standard (RFS) regulations that excuses or waives the compliance obligations for a small refinery so long as certain criteria are met. First, the petitioning refinery (the refinery asking for the petition) must qualify as small under the regulations. Second, the refinery must have... Read More →
March 9, 2022 12:06 pm
Published by friendlyadmin
How do you give a millennial incurable writer’s block? Tell them they’re on a deadline. EPA can relate to millennial angst where deadlines are concerned. Growth Energy recently reached a settlement with EPA requiring that EPA finalize the Renewable Volume Obligations (RVOs) for 2021 and 2022 by June 3. Growth Energy’s settlement terms (the “Settlement”) require EPA to sign the final rule for the 2021 and 2022 RVOs by June 3. Just a quick legalese sidebar, when a civil suit is filed and the parties reach an agreement prior to a final adjudication (the jury giving a verdict or dollar amount), the... Read More →
