Author Archives for kgeditor

A Fishy Situation: SCOTUS to Overturn Chevron v. NRDC

May 9, 2023 9:13 am Published by Comments Off on A Fishy Situation: SCOTUS to Overturn Chevron v. NRDC

You would think, by now, that the Supreme Court of the United States (SCOTUS) would be used to handling “fishy” situations. Afterall, the most senior court in the all the land casts a pretty wide jurisdictional “net.” In a current case before SCOTUS, Loper Bright Enterprises v. Raimondo, (Loper), a commercial fishing company challenges the federal agency responsible for the stewardships of marine resources. How could a commercial fishing company possibly have anything to do with the Renewable Fuel Standard? Since I’ve baited the hook so well, Loper directly challenges the precedent set in Chevron v. Natural Resources Defense Council... Read More →


Falling Down and Getting Up: The Next Generation Fuels Act Reintroduced in Congress

April 12, 2023 10:57 am Published by Comments Off on Falling Down and Getting Up: The Next Generation Fuels Act Reintroduced in Congress

Growing up as a competitive figure skater taught me valuable life lessons that I have taken with me into adulthood. For example, don’t open your eyes when your mom is spraying hairspray, remember to drink your water, and most importantly, if you fall, get back up and try again. Trying again is a good way to phrase the recent reintroduction of the Next Generation Fuels Act into Congress Oh neat, Congress is doing something and tagging on to the Clean Air Act. Actually, the proposed pieces of legislation are a little bit heftier than that. The body of legislation aims... Read More →


She Blinded Me With Science! EPA Releases Third Triennial Report on RFS

March 14, 2023 9:17 am Published by Comments Off on She Blinded Me With Science! EPA Releases Third Triennial Report on RFS

Why can’t you trust an atom? Because they make up everything! …I bet I’m the only one here that appreciates a good science joke…Did you know that there are times when science and policy collide within the Renewable Fuel Standard (RFS)? Like nuclear fission, this collision of science and policy has the potential to energize the RFS, moving it forward. How does it do that? By the release of the “Biofuels and the Environment Third Triennial Report to Congress (the “Report”). Under the Energy and Independence Security Act (EISA), EPA is required to report on the effects the RFS has... Read More →


As Disappointing as a Millennial: EPA’s Denials of SREs Stayed by 5th Circuit Decision

February 1, 2023 3:46 pm Published by Comments Off on As Disappointing as a Millennial: EPA’s Denials of SREs Stayed by 5th Circuit Decision

Being the resident millennial has its challenges and disappointments. For example, no one, not even one person, has offered me a participation trophy just for showing up to work. My parents say that’s what a salary is, but that’s not the same thing. Given recent events, perhaps no one understands being challenged and disappointed quite like EPA. To be more specific, recently, the 5th Circuit Court of Appeals ruled that a few of EPA’s denials of Small Refiner Exemptions (SREs) are stayed. The facts of the case are fairly straight forward. Calumet Shreveport Refining LLC (“Calumet”) and the San Antonio... Read More →


It’s Electric! EPA Proposes eRIN Regulations in 2023-2025 Set Rule

January 9, 2023 4:28 pm Published by Comments Off on It’s Electric! EPA Proposes eRIN Regulations in 2023-2025 Set Rule

Charging the conversation around the 2023-2025 Set rule is EPA’s proposal on the development and implementation of the eRIN program. While not new, this proposal is really the first time EPA has addressed the eRIN program since 2014 and it’s outlining a new approach within the Renewable Fuel Standard (RFS), including the makeup of participants. As early as 2010, EPA determined that renewable electricity would meet the definition of renewable fuel and therefore, be eligible to generate RINs, so long as the renewable electricity is made from renewable biomass and is used as a transportation fuel[1]. However, until now, EPA... Read More →