US court denies fuel waiver injunction
A US federal court today denied a request to block the Environmental Protection Agency (EPA) from issuing waivers that have slashed federal fuel blending requirements.
The Advanced Biofuels Association (ABFA) "has not satisfied the stringent requirements for an injunction pending court review," a three-judge panel of the DC Circuit Court of Appeals said.
EPA and the ABFA did not immediately comment on the decision.
ABFA requested the injunction in late April, citing still-redacted documents from a separate lawsuit challenging EPA's rapid increase in waivers of renewable fuel blending standards under former administrator Scott Pruitt. That lawsuit continues.
The association argued that EPA arbitrarily increased waivers to issue as many as possible. EPA has responded that the decisions were not a rulemaking that could be challenged in federal court and said it has followed the law to administer the program.
"Every gallon of renewable fuel obligation that is exempted represents renewable fuel that is unlikely to get produced, which means ABFA's members do not get paid, farmers receive lower prices, Congress' goal for a robust RFS program is diminished, and a gallon of traditional fuel — which has a far greater impact on climate change — is consumed," the association wrote.
RFS requires refiners, importers and other companies to each year ensure minimum volumes of renewables blend into the gasoline and diesel they add to the US transportation fuel supply. Companies prove compliance by acquiring renewable identification numbers (RINs), which represent each ethanol-equivalent gallon of renewables blended into conventional fuels. Obligated parties that do not blend their own fuel must acquire RINs from others.
Congress included exemptions for refineries smaller than 75,000 b/d that could demonstrate to the EPA and energy department that the program imposed a hardship. EPA issued few such waivers under President Barack Obama, using criteria since rejected by federal courts. But the waivers have surged under President Donald Trump's EPA administrators, to a record 40 applications still under review for the 2018 compliance year. One of those waivers was withdrawn over the past month. The 35 exemptions granted for 2017 waived the equivalent of 9.4pc of the 19.3bn USG of obligations for that year.
The waivers have increased the volume of unused, lingering RINs to levels that could render future exempted credits worthless. Obligated parties may only satisfy 20pc of their annual requirements with RINs carried over from previous years.
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Union plans new rail strike despite arbitration order
Union plans new rail strike despite arbitration order
Washington, 23 August (Argus) — The status of rail freight in Canada remains uncertain after a Canadian labor union today issued a new strike notice to Canadian National (CN), less than a day after the federal government forced all parties to participate in binding arbitration. The Teamsters Canada Rail Conference (TCRC) today issued notice to CN that members will go on strike at 10am ET on 26 August. The union had not issued a strike notice to CN earlier this week, but employees could not work yesterday after the CN and Canadian Pacific Kansas City (CPKC) locked them out. "We do not believe that any of the matters we have been discussing over the last several days are insurmountable," the union said today in its notice to CN. It said it would be available to discuss issues to avoid another work stoppage. CN indicated it was frustrated with the union's action. "While CN is focused on its recovery plan to get back to powering the economy, the Teamsters are focused on returning to the picket line and holding the country hostage to their demands," the railroad said. CN last night had begun implementing a recovery plan to restore service . The union has not yet responded to inquiries about its action today. The office of labour minister Steven MacKinnon declined to comment. Rail operations at CN and CP stopped at 12:01am ET on Thursday after the union launched a strike at CPKC and both railroads locked out employees. That action ended late Thursday afternoon with the federal government directing the Canada Industrial Relations Board (CIRB) to manage binding arbitration on the railroads. CIRB, an independent agency, has not yet said if it will accept the government's order. CN began moving some freight early on 23 August, but the new strike order issued soon by the union today could disrupt those plans. The union has also challenged the constitutionality of MacKinnon's order regarding CPKC operations pending the outcome of a new ruling by the CIRB. CPKC's rail fleet remains parked in the meantime. CPKC said late Thursday it was disappointed in the minister's decision and sought to meet with CIRB to discuss resumption of service. CPKC said the union "refused to discuss any resumption of service, and instead indicated that they wish to make submissions to challenge the constitutionality of the Minister's direction." A case management meeting with CIRB occurred last night and another was scheduled for early today. By Abby Caplan Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
Indonesia’s Pertamina gets ISCC certification for SAF
Indonesia’s Pertamina gets ISCC certification for SAF
Singapore, 23 August (Argus) — Indonesia's state-owned Pertamina has obtained International Sustainability and Carbon Certification (ISCC) Corsia and ISCC EU RED-compliant certification for sustainable aviation fuel (SAF). Pertamina's downstream arm Pertamina Patra Niaga obtained the certification as it is powering a domestic flight with SAF during the Bali International Air Show next month, said company sources. Following the air show, Pertamina also plans to encourage SAF adoption among its aviation customers, starting with those at the Ngurah Rai International Airport in Bali because of its high volumes of international flights. The Ngurah Rai aviation fuel terminal in Bali and Soekarno-Hatta Aviation Fuel Terminal and Hydrant Installation in Jakarta were the first locations to receive the certification. Pertamina's customers will be able to claim reduced carbon emissions resulting from the use of SAF, hydrotreated vegetable oil and used cooking oil (UCO) purchased from the refiner, its director of central marketing and commerce Maya Kusmaya said. He added that Pertamina is the first operator in southeast Asia to market ISCC Corsia certified SAF. But Pertamina's actual SAF production from palm and waste-based feedstocks such as UCO and palm oil mill effluent oil is likely to still start around 2026, when the second phase of its Cilacap "green refinery" is commissioned and comes on line, said a company source. It [previously produced SAF] (https://direct.argusmedia.com/newsandanalysis/article/2251914) and renewable diesel at its Cilacap and Dumai refineries but using refined, bleached and deodorised palm oil. Pertamina awarded in July its first SAF import tender seeking 3,500 kilolitres of blended SAF for end-August delivery. The volumes will likely be used at the Bali International Air Show. The tender stated the blended SAF has a 30-40pc neat SAF component and the cargo must be Roundtable on Sustainable Biomaterials, ISCC Corsia or EU certified. Indonesia's government had expressed at the end of May hopes to finalise a national roadmap and action plan for the industrial development of SAF by June. But there have been no updates so far, sources from Pertamina and another trader said. The country previously shared plans to announce a SAF roadmap-related presidential regulation on the sidelines of September's air show with no further details disclosed. By Sarah Giam Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
Canada rail strike ends by forced arbitration: Update
Canada rail strike ends by forced arbitration: Update
Adds comments from railroads, Canadian Propane Association and background. Calgary, 22 August (Argus) — A Canadian rail strike that started early Thursday morning will be short-lived as the federal government stepped in to force the union and two railroads into binding arbitration. The federal government is now directing the Canada Industrial Relations Board (CIRB) to "assist the parties in settling the outstanding terms of their collective agreements by imposing final binding arbitration," labour minister Steven MacKinnon said Thursday. At 12:01am ET today, Canadian Pacific Kansas City (CPKC) and Canadian National (CN) locked out union members, while the Teamsters Canada Rail conference launched a strike at CPKC . The work stoppage froze ongoing train shipments, even if they have not yet reached their destinations. CN ended its lockout at 6pm ET and initiated its service recovery plan. CN said it is satisfied that the labour action has ended, but it is "disappointed that a negotiated deal could not be achieved at the bargaining table despite its best efforts." CPKC said it would restart operations once it receives orders from CIRB. "Our teams are already preparing for the safe and orderly resumption of our rail network and further details about timing will be provided once we receive the CIRB's order," CPKC said. CPKC chief executive Keith Creel said the railroad regrets that the government had to intervene because he believes in and respects collective bargaining, but "given the stakes for all involved this situation required action." Though the work stoppage lasted less than a day, it may take weeks for rail operations to return to normal. The Canadian railroads last week embargoed shipments of toxic materials and earlier this week stopped loading any new railcars. Instead it focused on delivering already-loaded trains to their destination. Shippers across North America feared the impact of the work stoppages. The Canadian Propane Association today said that for each day that propane is not delivered, there is a sales loss of C$9.82mn and that would rise to $75.2mn after seven days. Labour minister MacKinnon has the authority under section 107 of the Canada Labour Code to mandate the sides return to the bargaining table, a tool the federal government was reluctant to use until now. By Brett Holmes and Abby Caplan Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
Canada rail strike stopped by forced arbitration
Canada rail strike stopped by forced arbitration
Calgary, 22 August (Argus) — A Canadian rail strike that started early Thursday morning will be short-lived as the federal government stepped in to force the union and two railroads into binding arbitration. The federal government is now directing the Canada Industrial Relations Board (CIRB) to "assist the parties in settling the outstanding terms of their collective agreements by imposing final binding arbitration," labour minister Steven MacKinnon said Thursday. The minister has the authority under section 107 of the Canada Labour Code to mandate the sides return to the bargaining table, a tool the federal government was reluctant to use until now. Operations for Canadian Pacific Kansas City (CPKC) and Canadian National (CN) stopped at 12:01am ET Thursday when they could not reach agreements over contract terms with the Teamsters Canada Rail Conference (TCRC). Operations will resume at the railroads during arbitration. By Brett Holmes Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
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