The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Lauren M. Graham, Ph.D.

Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for the first time, renewable fuel volume requirements for fuels such as ethanol and biodiesel.  The renewable fuel blending requirement was set at 5% for gasoline and 2% diesel and is expected to increase after 2020.  RICanada stated that the “announcement on renewable transportation fuels further entrenches Quebec’s position as a leader in the production of renewable energy and in the broader battle against climate change” and that its “members look forward to helping the Government of Quebec ensure that the province’s GHG targets in the transportation sector are achieved.”  More information on the Action Plan for Energy Policy 2030 is available on the Minister of Energy and Natural Resources website.


 

 

By Kathleen M. Roberts

On June 5, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia will be postponed.  The preliminary determination will be due by August 21, 2017, and the final determination will be due within 75 days of the issuance of the preliminary determination.  Pursuant to Section 703(b)(1) of the Tariff Act of 1930, a preliminary determination is due within 65 days of the initiation of a CVD investigation unless DOC receives a request to postpone the determination from a petitioner, which DOC received on May 22, 2017.  The notice states that the petition was granted since there was no compelling reason to deny the request.


 

By Kathleen M. Roberts

On June 2, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), released a statement in response to the decision by President Trump to withdraw the U.S from the Paris Agreement.  According to Neste, the U.S. withdrawal is “unfortunate” and “a saddening turn for the international battle against climate change.”  The decision, however, will not signal the downfall of the Agreement, which has been ratified by 147 of the 197 countries that signed it.  The statement highlights the fact that no changes have been made to the Renewable Fuel Standard, which has set increasing obligations for renewable fuels for 2017 and 2018, nor to the California Low Carbon Fuel Standard.  Neste aims to continue to make renewable products available to U.S. states, cities, and businesses to support their ambitious targets for reducing emissions.


 

By Lauren M. Graham, Ph.D.

On May 12, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register its preliminary determinations regarding the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  ITC confirmed that there is a reasonable indication that an industry in the U.S. is materially injured by imports of biodiesel from Argentina and Indonesia, which are alleged to be sold in the U.S. at less than fair value (LTFV) and to be subsidized by the governments of Argentina and Indonesia.  As a result, the U.S. Department of Commerce (DOC) will continue conducting its AD and CVD investigation.  According to the notice, ITC will publish a final phase notice of scheduling in the Federal Register upon notice from DOC of affirmative preliminary determinations in the investigations, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations.  More information on the ITC determinations, which were made pursuant to Section 703(a) and 733(a) of the Tariff Act of 1930, is currently available on ITC’s website and will be available in the ITC public report titled “Biodiesel from Argentina and Indonesia: Investigation” (publication number 4690).


 

By Lauren M. Graham, Ph.D.

On April 12, 2017, the nova-Institute announced the publication of its commentary on the European Commission’s proposal for a revised Renewable Energy Directive (RED).  The proposal, which is referred to as RED II, aims to raise renewable energy usage in Europe to 27 percent by 2030 and to require fuel suppliers to include a minimum share of advanced biofuels in their offering, which will increase steadily between 2021 and 2030.  In its commentary, the nova-Institute analyzed how the revisions presented in RED II would impact the biobased materials sector.  According to the report, the inclusion of CO2-biobased fuels in RED II indicates that the available support will be spread across more forms of energy supply than before, which may improve competition and access to biomass.  The report also states that the cap on biofuels produced from food or feed crops will likely allow an increase of biomass demand by biobased materials, which can be expected to contribute to an upswing of the biobased materials sector.


 

By Lauren M. Graham, Ph.D.

On April 13, 2017, the U.S. Department of Commerce (DOC) announced that it was formally initiating antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  The decision follows a petition filed by the National Biodiesel Board Fair Trade Coalition, as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post “National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition.”  The National Biodiesel Board and U.S. biodiesel producers also provided testimony to the International Trade Commission (ITC) on April 13, 2017, explaining that Argentine and Indonesian companies are violating trade laws by flooding the U.S. market with dumped and subsidized biodiesel, and how those imports are injuring American manufacturers and workers. 
 
The investigation covers biodiesel in pure form, mixtures containing at least 99 percent biodiesel by volume, and the biodiesel component of mixtures containing less than 99 percent biodiesel.  ITC will issue its preliminary injury determinations by May 8, 2017.  If ITC determines that imports of biodiesel from Argentina and/or Indonesia materially injure or threaten material injury to the domestic industry, the investigation will continue and DOC will announce its preliminary CVD and AD determinations in the summer of 2017.


 

By Lauren M. Graham, Ph.D.

On April 3, 2017, the European Environment Agency (EEA) announced the publication of the report titled “Renewable Energy in Europe 2017:  Recent Growth and Knock-On Effects,” which demonstrates that renewables have been a major contributor to the energy transition in Europe.  An analysis of the compound annual growth rate demonstrated that the use of biofuels in transport grew fastest between 2005 and 2014 at 18 percent per year.  Renewables provided six percent of the energy used for the European Union’s (EU) transportation sector in 2014, with biofuels accounting for nearly 90 percent of renewable energy.  According to the report, a plateau in first-generation biofuel capacity and delays in overcoming technical and financial obstacles related to second-generation biofuel technologies resulted in fewer investments in biofuels in 2015, compared to 2005.  The report also stated that electricity from solid biomass increased seven percent from 2005 to 2014, but the implementation of sustainability criteria could influence future growth in solid biomass fuel.  The full report is available on the EEA website.


 

By Lauren M. Graham, Ph.D.

On April 4, 2017, Members of the European Parliament (MEP) approved a resolution calling on the European Commission (EC) to phase out the use of palm oil as a component of biofuels and advocating for a single certification scheme for palm oil entering the European Union (EU).  The resolution states that biofuels production accounts for 46 percent of the palm oil imported by the EU and requires about one million hectares of tropical soils.  To limit the deforestation and habitat degradation that comes from unsustainable palm oil production, the EU aims to phase out the use of vegetable oils that drive deforestation as a component of biofuels by 2020.  Additionally, the resolution encourages the use of a single certification scheme with specific sustainability criteria for palm oil to ensure that only sustainably produced palm oil and products enter the EU market.  MEP also called on EC to improve the traceability of imported palm oil. 
 
Following the approval of the resolution, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced an update to the Crude Palm Oil Dashboard on its website.  The dashboard provides information on Neste’s crude palm oil suppliers across the supply chain in an effort to improve supply chain transparency.  Neste states that all of its crude palm oil has been fully traceable to the plantation level since 2007 and has been 100 percent certified since 2013.


 

By Kathleen M. Roberts

On March 29, 2017, the U.S. International Trade Commission (ITC) published a notice in the Federal Register announcing the commencement of the preliminary phase of a biodiesel antidumping and countervailing duty investigation into Argentina and Indonesia.  ITC must make a preliminary determination within 45 days regarding whether there is a reasonable indication that the U.S. biodiesel industry is materially injured or threatened with material injury by imports of biodiesel from Argentina and Indonesia.  ITC has scheduled a conference on the investigation for April 13, 2017.  Stakeholders that wish to appear at the conference must e-mail .(JavaScript must be enabled to view this email address) and .(JavaScript must be enabled to view this email address) on or before April 11, 2017.   Written submissions containing information and arguments regarding the investigation will be accepted on or before April 18, 2017.  The investigation is in response to a petition filed by the National Biodiesel Board (NBB) Fair Trade Coalition on March 23, 2017.  More information on NBB’s petition is available in the BRAG blog post “National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition.”


 
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