US biofuel groups Renewable Fuels Association, Growth Energy and US Grains Council and ethanol-to-jet producer LanzaJet have joined European renewable ethanol producers in their challenge to the ReFuelEU aviation regulation.
The legal challenge, launched by ePure and Pannonia Bio in February, demands an annulment of the sections that exclude crop-based biofuels from the definition of sustainable aviation fuel (SAF).
The regulation allows for SAF produced from biofuels, referring to point 33 in Article 2 of the bloc's recast Renewable Energy Directive (RED III) which includes "liquid fuel for transport produced from biomass". But it excludes biofuels produced from "food and feed crops".
The US groups have filed an "application for leave to intervene" before the General Court of the EU, arguing that the regulation would "have a detrimental effect on the US ethanol industry".
"The contested provisions give rise to a de facto ban on the supply of crop-based biofuels to the aviation sector in the EU" the associations said.
Earlier this year ePure also challenged the bloc's FuelEU maritime regulation, which aims to boost the use of green bunker fuels, for excluding food and feed crop-based fuels from its certification process.
