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Renewable Fuels

The renewable fuels industry continues its expansion driven by changing federal and state policies and companies’ movement towards net zero goals. Arnold & Porter has been at the forefront in counseling companies regarding renewable fuels for decades. Our team helps clients navigate complex environmental regulatory regimes and access critical incentives for clean fuels projects before the Environmental Protection Agency (EPA), the Department of Energy, and state climate regulators such as the California Air Resources Board. We also advise companies pursuing tax credits for clean fuels under the Inflation Reduction Act. In addition, we regularly represent clients in litigation matters related to renewable fuels, including EPA’s Renewable Fuel Standard (RFS) rulemakings and RFS enforcement defense matters before the EPA.

Experience Highlights

  • Energy company in counseling on sustainable aviation fuel, biogas, renewable natural gas, and investment opportunities related to low carbon fuel infrastructure as well as the generation of credits under the RFS, California Low Carbon Fuel Standards, and Inflation Reduction Act.

  • Major corn ethanol manufacturing company in several regulatory matters concerning credits for ethanol production that are tied to life-cycle greenhouse gas performance under the federal Renewable Fuels Standard program.

  • Chemical technology company in connection with regulatory advising under the Renewable Fuel Standard regarding eligibility of electrofuels, which are a type of sustainable aviation fuel produced using captured carbon dioxide and clean hydrogen.

  • Major refiners in defense of EPA enforcement actions concerning RFS rules and fuel quality regulations. 

  • A biofuels trade association in providing regulatory and litigation assistance in connection with efforts to relieve regulatory restrictions on marketing of blends of gasoline and 15 percent ethanol (E15), and in connection with EPA rulemaking proceedings concerning the RFS.

  • A leading Canadian producer and marketer of renewable biogas, in D.C. Circuit litigation challenging EPA’s final rule setting cellulosic biofuel volumes for purposes of the annual Renewable Fuel Standards Rule under the Clean Air Act.

  • Large biofuel company in assessing 45Q tax credit eligibility and Low Carbon Fuel Standard credit generation, compliance, and risk mitigation under the LCF’s Carbon Capture and Sequestration Protocol.

  • Biofuel trade association in developing an U.S. Environmental Protection Agency strategy for approvals of RFS pathway petitions for sustainable aviation fuel.