An Entertaining 101 on Issues Impacting the Renewable Fuel Standard

A Fishy Situation: SCOTUS to Overturn Chevron v. NRDC

May 9, 2023

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

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

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

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

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 →

The 12 Rules of Christmas: EPA Publishes Proposed 2023-2025 Set Rule

December 14, 2022

“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 →

Being Thankful for Loopholes: Suncor v. EPA

November 9, 2022

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 →

Hocus Pocus: RVO Litigation, 2023 Set, and Other Rumors

October 12, 2022

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 →

Falling Into Place: How EPA Promulgates Regulatory Rules

September 14, 2022

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 →

Group Projects and Accountability: Growth Energy Reaches Settlement with EPA For 2023 Set Deadline

August 10, 2022

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 →