U.S. ethanol and SAF industry leaders seek to intervene in legal challenge to EU SAF regulation

In Washington DC, the Renewable Fuels Association (RFA) reported that leaders of the U.S. ethanol industry are seeking to intervene in a legal challenge of the ReFuelEU Aviation Regulation, which effectively bans the use of renewable, crop-based biofuels like corn ethanol as a feedstock for decarbonizing the aviation sector. Collaborating in the intervention are the Renewable Fuels Association, U.S. Grains Council, Growth Energy and LanzaJet, the association said. According to the RFA, the application to intervene in the proceedings supports a challenge brought by ePURE, a trade association representing European ethanol producers, and Pannonia Bio, one of Europe’s largest ethanol producers. Their application seeks to annul the relevant provisions of the ReFuelEU Aviation Regulation, which was adopted by the EU in 2023 and is set to take effect in 2025. A similar challenge was brought against the FuelEU Maritime Regulation, and RFA is seeking to intervene there, as well. “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 organizations argue.  “Due to the substantial difference in cost between biofuels and fossil fuels in the EU – which the Regulation expressly acknowledged – aviation fuel suppliers will not purchase biofuels instead of fossil fuels unless they are obliged or incentivized to do so.  Since using crop-based biofuels will not help aviation fuel suppliers meet their obligations under the Regulation, they will not purchase those biofuels.”

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