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.

On March 7, 2017, the Governors’ Biofuels Coalition sent a letter to President Trump requesting the Administration’s support for changes to various federal policies to strengthen biofuels production and expand markets for ethanol and other biofuels.  The letter, which was signed by Nebraska Governor Pete Ricketts and Iowa Governor Terry Branstad, specifically highlights the need for the Trump Administration to change the fuel volatility limitations placed on E15, to update corn ethanol’s lifecycle carbon emissions profile to reflect advances in ethanol production technology, and to update the 2014 motor vehicle emission simulator model to prohibit spurious comparisons of high- and low-ethanol emissions factors.  The governors commended Trump on his support of the biofuels industry over the past year and stated that expanding biofuels production is one of the best ways to meet the nation’s energy needs.


 
On February 21, 2017, President Trump sent a letter to the attendees of the National Ethanol Conference to reiterate his commitment to ethanol and the Renewable Fuel Standard (RFS).  The letter states that Trump and his Administration value the importance of renewable fuels to the nation’s energy strategy and economy.  In the letter, Trump reaffirmed his commitment to working with the Renewable Fuels Association (RFA) and others to reform regulations that impede growth, increase consumer costs, and eliminate jobs without providing sufficient environmental or public health benefit.
Tags: RFS, RFA, Trump

 

On February 13, 2017, seven democratic Senators sent a letter to White House Counsel Don McGahn requesting details on Carl Icahn’s role in the Trump Administration and the extent of his influence over the Renewable Fuel Standard (RFS) program.  On December 21, 2016, it was announced that Mr. Icahn would serve the Trump Administration as a special advisor for overhauling federal regulations.  The Senators’ letter highlights concerns over Icahn’s public statements regarding RFS obligations and his role as chairman of the board and majority shareholder of Icahn Enterprises.  The Senators noted that, as of September 30, 2016, Icahn Enterprises owned an 82 percent stake in CVR Energy, which is an oil refiner required to meet the RFS obligations.  The letter requests that McGahn provide answers to a number of questions regarding Icahn, including whether:
 

■  He is a federal employee;
 
■   He has access to confidential information;
 
■  He provided financial disclosures to the Administration;
 
■  He is barred from providing advice on any regulations;
 
■  He provided advice to President Trump on any Senate-confirmed or schedule C appointees;
 
■  The Administration believes he is subject to any laws or regulations governing conflicts of interest;
 
■  He has recused himself from any decisions or discussions that may present a conflict of interest; and
 
■  He is required to divest from any of his holdings.

 

On February 7, 2017, the Renewable Fuels Association, Growth Energy, and the U.S. Grains Council sent a joint letter to President Donald Trump to request the Administration’s assistance in addressing China’s recent implementation of protectionist trade barriers, which are shutting out U.S. exports of ethanol and distillers dried grains.  The letter states that China’s actions have significantly injured U.S. ethanol producers and farmers, and undermined the substantial investments made to develop a cooperative and mutually beneficial trade relationship with the country.  In 2015, China imported 6.5 million metric tons of U.S. distillers dried grains, and began importing U.S. ethanol as part of an effort to increase the use of cleaner-burning renewable fuels and reduce smog formation.  By the end of 2016, China had become the U.S. ethanol industry’s third-largest export market.  In September 2016, after a nine month investigation regarding alleged dumping and injury to domestic industries, China imposed a preliminary antidumping duty of 33.8 percent against U.S. distillers dried grains, as well as a countervailing duty of ten to 10.7 percent -- despite the fact that the investigation did not find any evidence of dumping or injury to domestic industries.  The letter states the details of this investigation and the U.S. industries’ cooperation throughout the investigation, and requests that the incoming U.S. Trade Representative place the Chinese trade barriers near the top of the China trade agenda.