Clean Fuels and EPA Pause Food Waste Records Litigation

Cindy Zimmerman

Clean Fuels Alliance America and the U.S. Environmental Protection Agency have agreed to pause on a lawsuit challenging new recordkeeping requirements for biodiesel and renewable diesel producers who use separated food waste, such as used cooking oil, as a feedstock.

The parties agreed to put the case in abeyance through November 30, 2022, while Clean Fuels and its members continue working with the Environmental Protection Agency to develop practical compliance options for biodiesel and renewable diesel producers. “We appreciate EPA’s willingness to meet with our members, listen to the issues they faced in complying with the new recordkeeping requirements, and work cooperatively to help our members meet the requirements,” said Clean Fuels’ Vice President of Federal Affairs Kurt Kovarik.

On August 11, 2022, the Court of Appeals granted Clean Fuels’ motion to sever the dispute from the RFS Power Coalition case, a consolidated group of challenges to EPA’s final 2020 Renewable Fuel Standard rule. Clean Fuels sought this action because EPA had failed to revise the new separated food waste requirements in the rewritten 2020 RFS rule and because Clean Fuels’ members demonstrated harm from the new requirements. When the Court granted Clean Fuels’ motion for severance, it put the case on a track for quicker resolution. EPA and Clean Fuels members have been working to develop alternative methods for biodiesel and renewable diesel producers to meet the new recordkeeping requirements.

Biodiesel, biofuels, Clean Fuels Alliance, EPA, renewable diesel