Renewable Fuel

For more than three decades Sutherland’s energy and environmental attorneys have represented producers, blenders, importers and traders of refined products on regulatory compliance, in enforcement proceedings, with negotiating contractual provisions and in litigation when commercial disputes arise. Over the past decade, this practice has grown to incorporate renewable fuels, such as ethanol, biodiesel, renewable diesel and biogas, as U.S. policies have fostered the use and production of these products through fuel mandates, tax credits and other incentives.

Sutherland has provided counsel to the world’s largest ethanol, biodiesel and renewable diesel producers, importers and exporters to maximize their opportunities while maintaining compliance with an increasingly complex regulatory scheme. As legislative and regulatory mandates and initiatives evolve, Sutherland’s breadth and depth of experience working with industry helps ensure that our clients stay ahead of the curve.

Sutherland’s regulatory attorneys have an unparalleled understanding of the Environmental Protection Agency’s (EPA) complex regulatory regime governing transportation fuels and heating oil under the Clean Air Act, including the Renewable Fuel Standard (RFS1 and RFS2), the Ultra-Low Sulfur Diesel Program (ULSD), the Reformulated Gasoline (RFG) Regulations governing RFG and reformulated blendstock for oxygenate blending (RBOB), and the Anti-Dumping Regulations governing conventional gasoline (CG) and conventional blendstock for oxygenate blending (CBOB). As part of this practice, we have represented dozens of companies in EPA mobile source enforcement proceedings, including the first ever enforcement actions for use of invalid Renewable Identification Numbers (RINs).

Our attorneys are well-versed in the customs laws governing imports and exports of renewable fuels as well as the tax laws that both regulate and incentivize the production and sale of these products. In addition, Sutherland attorneys work closely with the EPA, the Internal Revenue Service and related agencies to ensure that our clients’ interests are reflected in federal and state fuels policies and rulemaking.

Based on years of experience in working on contracts for refined products, Sutherland’s attorneys have been at the forefront of developing and negotiating contractual terms between counterparties for the trade of renewable fuel and associated RINs. From time-to-time, however, commercial disputes arise over contractual terms and our commercial litigation attorneys are experienced in representing traders of renewable fuel and RINs.