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Supreme Court to review Tenth Circuit Court ruling on SREs

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By Erin Krueger

January 11, 2021

Policy Business 

The U.S. Supreme Court announced on Jan. 8 it will review a Jan. 24, 2020 ruling by the Tenth Circuit Court of Appeals that, if implemented nationally, would reduce the number of obligated parties that are eligible to apply for SREs under the RFS.

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Groups reject EPA's excuse for failing to comply with court order

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By Growth Energy, RFA, NBB, ACE, NCGA, NFU, and NSP

January 08, 2021

On Jan. 7, a coalition of biofuels and ag trade groups filed its reply in support of its November 2020 motion in the U.S. Court of Appeals in the District of Columbia. The motion asks the court to enforce its 2017 decision on improper RFS waivers.

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OPINION: USDA HBIIP 2020 year-end free money clearance!

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By Ron Lamberty, senior vice president, American Coalition for Ethanol

January 07, 2021

The USDA's Higher Blends Infrastructure and Incentive Program has some money left over, and the agency is offering fuel retailers a rare second chance to submit applications. The current application period is open through Jan. 19.

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The U.S. Treasury Department and the IRS on Jan. 6 issued final regulations regarding the section 45Q tax credit for qualified carbon oxide sequestration. The Carbon Capture Coalition said the rule provides overdue regulatory and financial certainty.

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A notice published by the National Institute of Standards and Technology states that the combined 105th annual and 2021 Interim Meeting of the National Conference on Weights and Measures will address two issues related to E15 blends.

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OPINION: Have equipment needs? These incentive programs can help

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By Robert White, vice president of industry relations, Renewable Fuels Association

January 06, 2021

Introducing higher blends of ethanol with the support of incentive programs might be a way for fuel retailers who need to install new equipment, convert or retrofit older equipment, or meet EMV compliance lower their equipment costs.

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In a court filing on Jan. 5, the RFA and Growth Energy continued to call on the U.S. EPA and the U.S. Department of Energy to release the names and locations of refineries granted exemptions from their RFS blending obligations.

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The U.S. EPA on Jan. 4 published a notice of a proposed consent decree that would require the agency to issue a decision regarding a 2019 SRE petition filed by United Refining Co. by Feb. 19. A public comment period is open through Feb. 3.

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The USDA's Commodity Credit Corp. announced on Dec. 23 that it does not expect to purchase and sell sugar under the Feedstock Flexibility Program for crop year 2020, which runs from Oct. 1, 2020 through Sept. 30, 2021.

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The Manitoba government on Dec. 22 announced that it will step up its ethanol and biodiesel blending requirements over the next two years, requiring E10 and B5 blends of gasoline and diesel by the start of 2022.

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President Trump on Dec. 27 signed a legislative package that includes tax extenders, $900 billion in COVID-19 relief, and government funding, averting a government shutdown and providing potential COVID-19 relief to biofuel producers.

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45Q - The Drive to Qualify

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By Alex Tiller

December 22, 2020

The road to qualifying for the 45Q tax credit can be confusing, with strict limitations on project phases and what constitutes start of construction. But, navigated properly, the credit is a promising opportunity.

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Accelerating Demand

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By Brian Jennings

December 22, 2020

The American Coalition for Ethanol is ready to execute on Accelerate, a roadmap for sparking new demand for ethanol. The plan is built around implementing new clean fuel policies, protecting what already exists and growing ethanol markets globally.

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The government of Canada on Dec. 18 published proposed regulations for its Clean Fuel Standard. Final regulations are expected to be published next year, with the CFS scheduled to come into force on Dec. 1, 2022.

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The U.S. House of Representatives and U.S. Senate voted to approve a $900 billion COVID-19 relief package on Dec. 21. The legislation, which includes ag relief that could benefit biofuel producers, is expected to be signed by President Trump.

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Growth Energy CEO Emily Skor sent a letter to House and Senate leaders on Tuesday calling on Congress to include biofuels in any potential legislation to extend expiring tax provisions at the end of the year.

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The U.S. EPA on Dec. 17 reported five additional SRE petitions have been filed with the agency seeking exemptions of RFS blending requirements. The status of three other SRE petitions appear to have been changed from “denied� to “pending.�

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President-elect Joe Biden is expected to announce Michael Regan as his nominee to serve as administrator of the U.S EPA. Representatives of the biofuels industry are expressing hope that Regan will bring a change in philosophy to the agency.

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The SCALE Act was introduced on Dec. 16. It supports the buildout of the infrastructure necessary to transport CO2 from where it is captured to where it can be utilized in manufacturing or safely and securely sequestered underground.

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The USDA has announced it will open a new 30-day application period for the Higher Blends Infrastructure Incentive program on Dec. 21. The RFA, Growth Energy and ACE say they are ready and willing to help retailers apply for the program.

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Four former presidents of the National Farmers Union sent a letter to President-elect Joe Biden on Dec. 15 urging his administration to blaze a new trail in harnessing the power of U.S. agriculture to protect our planet for future generations.

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The Renewable Fuels Association on Dec. 16 said the COVID-19 pandemic will likely continue to negatively impact the U.S. ethanol industry well into 2021. The group, however, expressed optimism in working with the upcoming Biden administration.

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U.S. ethanol exports to Brazil are once again subject to a 20 percent tariff after the two countries failed to reach a trade agreement during a short-term extension of Brazil's tariff-rate quota (TRQ) that expired in mid-December.

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Reps. Bill Pascrell Jr., D-N.J., and Brian Fitzpatrick, R-Pa., on Dec. 4 introduced the Renewable Chemicals Act, which aims to create tax credits to support the production of biobased chemicals and investments in production facilities.

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A new analysis released by the RFA shows that U.S. ethanol producers had lost $3.8 billion as result of COVID-19 by the end of November. With new travel restrictions and the resulting loss of fuel demand, those losses will continue to grow.

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Information released by the White House Office of Management and budget indicates the a proposed rule to set 2021 RVOs under the RFS could be released soon. A rulemaking is also underway to alter E15 labeling requirements.

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Wisconsin supports ethanol producers with CARES Act funds

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By Office of Gov. Tony Evers

December 10, 2020

Wisconsin Gov. Tony Evers on Dec. 9 announced that Wisconsin will be making up to $3.25 million of federal Coronavirus, Aid, Relief, and Economic Security (CARES) Act funding available to Wisconsin's nine ethanol producers.

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The U.S. EPA on Dec. 9 released a final rule that changes the way the agency will consider the costs and benefits of all significant Clean Air Act rulemakings. The EPA said the impacted rulemakings will be accompanied by a benefit-cost analysis.

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President-elect Joe Biden has announced he will nominate Tom Vilsack as secretary of agriculture. Vilsack is a former two-term governor of Iowa who served as secretary of agriculture during all eight years of the Obama-Biden administration.

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EPA: Supreme Court should not review lower court's SRE ruling

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By Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol

December 09, 2020

In a filing submitted on Dec. 8, the Department of Justice recommended against Supreme Court review of the Tenth Circuit Court's ruling earlier this year that invalidated several small refinery exemptions issued by U.S. EPA under the RFS.

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