Practices/Industries

Renewable & Transportation Fuels

Whether trading RINs, blending RBOB, understanding the E15 rules, or meeting ULSD requirements, the largest players in transportation fuel turn to Sutherland to stay a step ahead.

Sutherland is the go-to counsel for the refined product and renewable fuel industries as they navigate and capitalize on federal and state regulations.

Sutherland counsels dozens of refiners, producers, blenders, importers and traders of refined products, renewable fuel and associated credits. We provide legal guidance on regulatory compliance, in enforcement proceedings, with negotiating contractual provisions and in litigation when commercial disputes arise. We work with every form of transportation fuel, including conventional and reformulated gasoline, diesel, blendstock for oxygenate blending (such as RBOB and CBOB), ethanol, biodiesel, renewable diesel, CNG, LNG and biogas. Our experience with crude oil and other blendstocks or chemicals is unparalleled with regard to regulatory compliance and licensing at the federal and state level.

Sutherland's deep bench advises daily on the federal and state rules governing renewable fuels and associated credits (for example Renewable Identification Numbers (RINs) under the Renewable Fuel Standard (RFS) and credits under California’s Low Carbon Fuel Standard) (LCFS). Our attorneys have an unparalleled understanding of the Environmental Protection Agency’s (EPA) complex regulatory regime and fuel specifications governing transportation fuels and heating oil, including RFS, the Ultra-Low Sulfur Diesel Program (ULSD), the Reformulated Gasoline (RFG) and Anti-Dumping Regulations, and GHG reporting. We are active in policy actions at EPA, and bring our clients and agency officials together to discuss program issues and direction. Our team is also well-versed in the customs laws governing imports and exports, Jones Act requirements, and the tax laws that incentivize transportation fuels.

Sutherland lawyers understand the EPA, U.S. Customs and Internal Revenue Service/TTB, and Department of Transportation (DOT) enforcement regimes, and have worked with multiple companies responding to compliance issues at these agencies. With years spent working on contracts for refined products, we are at the forefront of developing and negotiating contractual terms between counterparties for the trade of transportation fuel, RINs and LCFS credits. When disputes arise between counterparties, our commercial attorneys bring well-honed skills to resolving and, when necessary, litigating these matters.

Why Sutherland

A proven record. For more than four decades Sutherland’s energy and environmental lawyers have guided transportation fuel stakeholders through a constantly changing regulatory environment.

Industry experience. We have a large, diverse client base in the sector, including some of the world’s largest gasoline blenders and importers; diesel importers and traders; renewable fuel producers importers and traders.

Thoughtful leadership. Our lawyers are at the forefront of renewable fuels law and are frequently quoted in the press on new EPA regulations and policy developments.

Enforcement experience. We have represented dozens of companies in EPA mobile source enforcement proceedings.
Comprehensive services. Our multidisciplinary team advises renewable fuels clients on the entire range of issues they face, including excise tax credits and customs laws.

Nuts and Bolts

Our comprehensive service offerings for transportation fuels include:

  • Federal and state regulatory, compliance and enforcement
    • The Clean Air Act
    • The Renewable Fuel Standard (RFS1 and RFS2)
    • Ultra-Low Sulfur Diesel Program (ULSD)
    • Reformulated Gasoline (RFG) Regulations and Anti-Dumping Regulations
    • Audits, voluntary disclosure and representation during enforcement proceedings
    • Policy developments affecting alternative and renewable fuels
    • California Low Carbon Fuel Standard (LCFS)
    • Greenhouse Gas (GHG) Reporting Rule
  • Commercial advice
    • Commercial terms for the purchase and sale of transportation fuels, renewable fuels and RINs
    • Strategies for mitigating commercial and compliance risks

Take Action

As transportation and renewable fuel players work to stay on top of regulations and legislation, Sutherland attorneys help to ensure that our clients remain in compliance and are able to maximize new incentive opportunities.

Our Story

Sutherland Asbill & Brennan LLP is an international law firm helping the Fortune 100, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.

click to watch Videocast: DOL Fiduciary Rule Litigation Impacts
Videocast: DOL Fiduciary Rule Litigation Impacts
Atlanta, GA
Washington, DC
© 2016 Sutherland Asbill & Brennan LLP / Sutherland (Europe) LLP
MYBRIEFCASE
Add this page to MYBRIEFCASE
Add Page to MYBRIEFCASE
Practices/Industries - Renewable & Transportation Fuels
Current MYBRIEFCASE Pages
Save ChangesDownload MYBRIEFCASEClear All