Ethanol’s Day in the Supreme Court – Podcast

Cindy Zimmerman

The Supreme Court heard oral arguments this week on the appeal of a case over the Small Refinery Exemption program under the Renewable Fuel Standard (RFS). The case was decided unanimously last year by the U.S. Court of Appeals for the Tenth Circuit, which held that only small refineries that have remained continuously exempt from obligations under the RFS are eligible for future extensions of the compliance exemption.

The Biofuels Coalition, comprised of the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol, was joined by the U.S. Department of Justice, representing the U.S. Environmental Protection Agency. EPA announced in February that it supports the Tenth Circuit’s decision. The main argument before the court was the definition of the word “extension.”

In this edition of the “Ethanol Report” podcast, we hear from Renewable Fuels Association president and CEO Geoff Cooper, Biofuels Coalition counsel Matt Morrison and DOJ attorney Chris Michel.

Ethanol Report 4-28-21 (16:02)

The Ethanol Report is a podcast about the latest news and information in the ethanol industry that has been sponsored by the Renewable Fuels Association since 2008.

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Audio, Ethanol, Ethanol News, Ethanol Report, Podcasting, Renewable Fuels Association, RFA

Agri-Pulse Doing Deep Dive into Biofuels

Cindy Zimmerman

Agri-Pulse is investigating how the biofuels industry has changed and where it’s headed in season two of the farm policy news outlet’s Deep Dive podcast series.

“The renewable fuels industry has a strong impact on farmers, rural communities and almost all consumers who fuel up with at least 10% ethanol in their gasoline tanks,” says Agri-Pulse Editor Sara Wyant. “As farmers across the country are planting corn and soybeans – much of which will be processed into renewable fuels – we thought it was timely and informative to look at how this industry has grown over the last few decades and the challenges it faces in the future, especially with the Biden administration’s push for electric vehicles.”

The first episode – “Running on E” – focuses on the history of biofuels and the policy surrounding the Renewable Fuel Standard (RFS). It includes interviews with many of the early and current leaders in the industry, including Sen. Byron Dorgan, Rep. Collin Peterson, Tom Buis, Joe Jobe, Bob Dinneen, Jon Doggett and more.

The podcast series is sponsored by the National Corn Growers Association and low carbon, corn-based ethanol.

Agri-Pulse, biofuels, Ethanol, Ethanol News

MN Bio-Fuels Association Turns Ten

Cindy Zimmerman

The Minnesota Bio-Fuels Association is celebrating 10 years of representing Minnesota’s ethanol industry.

“We are very happy to reach an important milestone in celebrating our 10-Year anniversary as an organization in Minnesota. MN Bio-Fuels was formed to represent Minnesota’s ethanol and other renewable fuel producers. We have and will continue to represent the industry at the local, state and federal level,” said Brian Kletscher, board president of MN Bio-Fuels.

He said MN Bio-Fuels was formed in 2011 to represent Minnesota’s ethanol industry at the state legislature and to regulatory bodies, as well as increase ethanol consumption in the state through promotional and educational efforts.

“Over the last 10 years, we have evolved to meet the dynamic policy, regulatory, communications and fuel supply chain needs of the ethanol producers in Minnesota. We’ve built a true team of professionals to drive biofuel supportive policy initiatives at the Capitol in St. Paul and with the Minnesota congressional delegation in Washington, D.C.,” said Tim Rudnicki, executive director of MN Bio-Fuels.

Besides Highwater Ethanol, MN Bio-Fuels also represents Al-Corn Clean Fuel, Archer Daniel Midlands Company, Chippewa Valley Ethanol Company, Granite Falls Energy, Guardian Energy and Heartland Corn Products.

Biodiesel, biofuels, Ethanol, Ethanol News

Indiana Governor Vetoes Bill Targeting E15

Cindy Zimmerman

Indiana Governor Eric Holcomb this week vetoed legislation that would have a negative impact on sales of 15% ethanol fuel (E15) in the state.

“I am vetoing SEA303 due to its requirement of a duplicative label at every pump that distributes E15 blends of fuel in the state,” Gov. Holcomb wrote in his veto message to the Indiana State Senate. “The Environmental Protection Agency already mandates that all E15 pumps have a label clearly advising consumers of the possible implications of using the fuel in certain engines. I find this additional layer of government unnecessary and confusing.”

The governor said he does support a provision in the legislation that makes it clear E15 can be sold year round in the state and he encourages the General Assembly to “codify this definition next year, as it would support our ethanol industry and further grow the market for our Hoosier farmers.”

E15, Ethanol, Ethanol News

SCOTUS Hears Arguments in Biofuels Coalition Case

Cindy Zimmerman

The biofuels industry had its day in the Supreme Court April 27 to present oral arguments in the case of HollyFrontier Cheyenne Refining, LLC, et al. v. Renewable Fuels Association, et al over small refinery exemptions under the Renewable Fuel Standard (RFS). The case was decided unanimously last year by the U.S. Court of Appeals for the Tenth Circuit, which held that only small refineries that have remained continuously exempt from obligations under the RFS are eligible for future extensions of the compliance exemption.

Matthew W. Morrison, Pillsbury Winthrop Shaw Pittman LLP, represented The Biofuels Coalition, comprised of the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol.

“There have been almost four billion gallons (of biofuel) over the last few years that have been lost to small refinery exemptions,” said Morrison. “That has had a devastating effect on the renewable fuels sector.”

Listen to Morrison’s arguments before the court here: SCOTUS arguments on behalf of Biofuels Coalition (19:31)

ACE, Audio, Ethanol, Ethanol News, Renewable Fuels Association, RFA

Supreme Court to Hear Arguments in Waiver Case

Cindy Zimmerman

Oral arguments before the U.S. Supreme Court are scheduled for Tuesday morning in the case of HollyFrontier Cheyenne Refining, LLC, et al. v. Renewable Fuels Association, et al over small refinery exemptions under the Renewable Fuel Standard (RFS).

The case was decided unanimously last year by the U.S. Court of Appeals for the Tenth Circuit, which held that only small refineries that have remained continuously exempt from obligations under the RFS are eligible for future extensions of the compliance exemption.

The Biofuels Coalition, comprised of the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol, will share time during Tuesday’s oral arguments with the U.S. Department of Justice, which will be representing the U.S. Environmental Protection Agency. EPA announced in February that it supports the Tenth Circuit’s decision.

“EPA had exceeded its authority by creating new exemptions when the statute only authorizes the agency to extend the temporary, time-limited exemption that Congress provided to small refineries. Because none of the three refineries involved in this case still had that exemption, there was nothing for EPA to extend,” the coalition noted. “The Tenth Circuit Court’s ruling is consistent with the Clean Air Act, congressional intent, and the purpose of the RFS. We will continue to stand up for the farmers and renewable fuel producers across the country whose livelihoods have been harmed by abuse of the refinery exemption program. We look forward to presenting our arguments before the Supreme Court, and we believe the Tenth Circuit decision should be affirmed.”

Matthew W. Morrison, Partner, Pillsbury Winthrop Shaw Pittman LLP, will represent the Biofuels Coalition in Tuesday’s oral arguments, which will air live on C-SPAN, starting at 10 a.m. EDT. Audio and transcripts of the proceedings will be made available on the Supreme Court website.

ACE, Ethanol, Ethanol News, Renewable Fuels Association, RFA

USDA Approves Biodiesel Infrastructure Grants

Cindy Zimmerman

The National Biodiesel Board welcomes the biofuel infrastructure grants announced on Earth Day by USDA that include a dozen for biodiesel.

The 12 grants totaling $7.1 million to expand consumer access to low-carbon biodiesel are the first in FY21 to support biodiesel infrastructure investments under the Higher Blends Infrastructure Incentive Program and will support nearly 140 million gallons per year through projects from Hawaii to New Hampshire.

Kurt Kovarik, NBB’s Vice President of Federal Affairs, stated, “Earth Day is the perfect time for Secretary Vilsack and USDA to announce infrastructure investments that will increase consumer access to clean, low-carbon biodiesel and Bioheat® fuel. Biodiesel reduces carbon on average by 74%, and it cuts particulate matter and other criteria pollutants in transportation and home heating.

“On behalf of NBB’s members, I want to thank USDA and Secretary Vilsack for including biodiesel in this program. We also thank Senators Amy Klobuchar and Joni Ernst and Representatives Cindy Axne, Rodney Davis, and Dusty Johnson for introducing bipartisan legislation that would enable USDA to continue making these investments to decarbonize America’s fuel infrastructure while rebuilding economic opportunity and creating jobs.”

advanced biofuels, Biodiesel, NBB, USDA

Renewable Fuels Part of Climate Plan

Cindy Zimmerman

Industry organizations are pleased to see renewable fuels are included in the 2030 Greenhouse Gas Pollution Reduction Target under the Paris Agreement.

The fact sheet for the plan includes “spurring research, development, demonstration, and deployment efforts that drive forward very low carbon new-generation renewable fuels for applications like aviation, and other cutting-edge transportation technologies across modes.”

Renewable Fuels Association President and CEO Geoff Cooper says ethanol can do even more. “Just since 2008, nearly 1 billion metric tons of GHG emissions have been prevented from entering the atmosphere due to the increased use of renewable fuels to meet Renewable Fuel Standard obligations. In addition, recent research by scientists affiliated with Harvard, Tufts, and MIT shows that today’s average corn ethanol is reducing GHG emissions by almost 50% compared to gasoline. And with the adoption of carbon capture and sequestration, carbon-efficient feedstock production practices, and other new technologies, corn ethanol can be a ‘net-zero,’ carbon-neutral fuel by the end of the decade.”

American Coalition for Ethanol (ACE) CEO Brian Jennings agrees. “The mention of renewable fuels is welcome in President Biden’s plan to reduce GHGs. Today’s corn ethanol is next generation or advanced biofuel based on its ability to reduce GHGs by 50 percent compared to gasoline. In fact, ethanol is the only transportation energy source that can reach net-negative carbon intensity through carbon capture and sequestration and continued advancements within ethanol facilities and on-farm practices in how biofuel crops are grown. Other countries have initiated national ethanol policies as part of their countries’ global initiatives to decarbonize transportation fuels, and U.S. biofuel producers are ready to play a larger role in meeting these targets here and around the world.”

Agriculture Secretary Vilsack said USDA’s investment in biofuels infrastructure announced on Earth Day is part of the climate plan. “Biofuels we know have a better greenhouse gas footprint than petroleum based fuels so to the extent that we can increase higher blends of biofuels that’s going to have a benefit towards climate change and towards our reduction goals.”

USDA Sec. Vilsack on biofuels role in climate 1:58

ACE, Audio, biofuels, Ethanol, Ethanol News, Renewable Fuels Association, RFA, USDA

USDA Invests in Rural Water, Energy, and Biofuel Infrastructure

Cindy Zimmerman

In honor of Earth Day 2021, the United States Department of Agriculture (USDA) announced $487 million in critical infrastructure prioritizing climate-smart solutions and environmental stewardship. USDA is making the investments under the Water and Environmental Program, the Rural Energy for America Program, the Electric Loan Program and the Higher Blends Infrastructure Incentive Program.

USDA is investing $18.4 million in 20 states through the Higher Blends Infrastructure Incentive Program (HBIIP) to build infrastructure to help expand the availability of higher-blend renewable fuels by approximately 218 million gallons per year. This will give consumers more environmentally-friendly fuel choices when they fill-up at the pump.

Vilsack also announced this week that USDA will open enrollment in the Conservation Reserve Program (CRP) with higher payment rates, new incentives, and a more targeted focus on the program’s role in climate change mitigation.

Secretary Vilsack held a media call Thursday to discuss the actions.
USDA Secretary Tom Vilsack press call 29:23

Audio, Biodiesel, biofuels, Environment, Ethanol, Ethanol News, USDA

Ethanol Industry Supports E15 Labeling Changes

Cindy Zimmerman

Ethanol industry stakeholders filed comments this week generally supporting proposed changes to E15 fuel dispenser labeling requirements and underground storage tank regulations to accommodate the safe storage of E15 and other higher blends, with a few changes. The rule co-proposes EPA either modify the E15 label or remove the label requirement entirely; and to modify the underground storage tank (UST) regulations to make it easier for station owners to demonstrate compatibility with E15 and possibly higher ethanol blends in the future.

Renewable Fuels Association (RFA) president and CEO Geoff Cooper says they support many of the changes proposed. “EPA’s proposal would help to remove two crucial impediments that have prevented E15 from spreading more rapidly in the marketplace,” said Cooper.

In comments to the EPA, RFA Vice President of Regulatory Affairs Kelly Davis noted the trade association “believes that with a few modest revisions, the labeling modifications and UST compatibility provisions proposed by EPA will result in expanded availability and use of E15, a cleaner, more affordable fuel blend that improves our nation’s energy efficiency, air quality, energy security, and resiliency to climate change.”

RFA suggests that the E15 pump label should be modified to better reflect the increasingly small share of vehicles and equipment for which E15 is not approved. Further, RFA believes EPA should clarify that its mandatory E15 label preempts the ability of state and local governments to require duplicative and redundant E15 dispenser labels.

American Coalition for Ethanol (ACE) Senior Vice President Ron Lamberty submitted comments on behalf of the organization. “The proposed rule removes unnecessarily harsh restrictions that were put in place as a response to misinformation-based fear created by carefully crafted and heavily promoted anti-ethanol myths, which have been “busted” by more than 10 years of E15 use with retailers reporting no damage claims, and no increase in releases from UST systems,” Lamberty wrote.

The proposed rule was announced in the final days of the Trump administration.

ACE, E15, Ethanol, Ethanol News, Renewable Fuels Association, RFA