MOSCOW (MRC) -- The Trump administration has argued against a petition from oil refiners asking the US Supreme Court to review a lower court decision that undermined the legitimacy of the Environmental Protection Agency's biofuel waiver program, reported Reuters.
Department of Justice officials said the court should not review the case as it does not conflict with any other Supreme Court or appeals court decision, according to the brief submitted on Dec. 8. The officials argued that the court could review the decision after a similar case is completed in the D.C. Circuit Court of Appeals.
Under US law, refiners must blend billions of gallons of biofuels into their fuel, or buy credits from those that do. Small refiners can apply for exemptions to the requirements if they prove the obligations would cause them financial harm.
At issue is a January decision by the Tenth Circuit Court of Appeals that ruled that waivers granted to small refineries after 2010 should only be approved as extensions. Because most recipients of waivers in recent years have not continuously received them year after year, the decision threatened to upend the waiver program.
Oil refiners petitioned the Supreme Court to review the decision in September.
A coalition of US biofuel groups has since announced, on Tuesday, it had filed a brief with the D.C. Circuit Court of Appeals challenging the Trump administration's decision in 2019 to grant 31 oil refineries exemptions from U.S. biofuel blending obligations.
"Those pending D.C. Circuit proceedings provide an additional reason to deny the petition in this case. If the D.C. Circuit parts ways with the Tenth Circuit on the question presented, this Court can consider whether that conflict warrants further review," the DOJ brief said.
The biofuel industry has called for the EPA to apply the Tenth Circuit Court ruling broadly, but the agency has yet to do so and is still contemplating pending petitions for the 2019 and 2020 compliance years.
"The Tenth Circuit got it right the first time, and now refiners need to accept the reality that they must comply with the law," said Geoff Cooper, president of the Renewable Fuels Association. "It's time to move on."
As MRC informed earlier, European and US oil refineries face a wave of closures due to plateauing fuel demand, tightening environmental rules and overseas competition, prompting some owners to opt for an easier alternative - converting plants to produce biofuels. The shock of the coronavirus epidemic crushed global oil demand and as some producers, including, say it might never recover to pre-crisis levels, the need to close refineries has accelerated. The International Energy Agency (IEA) said in a recent report that by 2030 around 14% of current refining capacity in advanced economies “faces the risk of lower utilization or closure."
We remind that 2ithin the framework of its net zero strategy, Total will convert its Grandpuits refinery (Seine-et-Marne) into a zero-crude platform and will invest more then EUR500 mln into this project. By 2024 the platform will focus on four new industrial activities: production of renewable diesel primarily intended for the aviation industry, production of bioplastics, plastics recycling and operation of two photovoltaic solar power plants.
We also remind that in November 2019, Total disclosed that itis evaluating construction of a new gas cracker at its Deasan, South Korea, joint venture (JV) with Hanwha Chemical.
Ethylene and propylene are feedstocks for producing polyethylene (PE) and polypropylene (PP).
According to MRC's ScanPlast report, Russia's estimated PE consumption totalled 1,760,950 tonnes in the first ten months of 2020, up by 3% year on year. Only high density polyethylene (HDPE) and linear low density polyethylene (LLDPE) shipments increased. At the same time, PP shipments to the Russian market reached 978,870 tonnes in January-October 2020 (calculated using the formula: production minus exports plus imports minus producers' inventories as of 1 January, 2020). Supply of exclusively of PP random copolymer increased.
MRC