Clean Fuels, EPA Agree to Pause Litigation on Separated Food Waste Recordkeeping

WASHINGTON, DC – Today, Clean Fuels Alliance America and the U.S. Department of Justice filed a joint motion with the U.S. Court of Appeals for the D.C. Circuit concerning Clean Fuels Alliance America v. EPA, a suit in which Clean Fuels challenges 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.

 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.

 Clean Fuels’ Vice President of Federal Affairs Kurt Kovarik stated, “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. Biodiesel and renewable diesel are the cleanest low-carbon fuels on the market today. Along with the RFS program, they are essential tools in meeting the nation’s climate goals.”

 Biodiesel and renewable diesel reduce carbon emissions by more than 70% on average, compared to petroleum diesel.Contact: Paul Winters, pwinters@cleanfuels.org, 202-737-8803

ABOUT CLEAN FUELS ALLIANCE AMERICA

Made from an increasingly diverse mix of resources such as recycled cooking oil, soybean oil, and animal fats, the clean fuels industry is a proven, integral part of America’s clean energy future. Clean Fuels Alliance America is the U.S. trade association representing the entire biodiesel, renewable diesel and sustainable aviation fuel supply chain, including producers, feedstock suppliers and fuel distributors. Clean Fuels receives funding from a broad mix of private companies and associations, including the United Soybean Board and state checkoff organizations.