Ethanol Blog

LINCOLN, Neb. (DTN) -- A European Union regulation that bans crop-based sustainable aviation fuel from being used to decarbonize the EU's fuel supply will stand after the General Court of the European Union on Tuesday dismissed a legal challenge brought by biofuels producers in the EU.

The biofuels group ePURE and Pannonia Bio had challenged the ReFuelEU Aviation regulations but the court ruled didn't have legal standing to bring a challenge.

Those EU groups have alleged the regulation discriminates against crop-based fuels.

In May 2024, the Renewable Fuels Association, Growth Energy, U.S. Grains Council and LanzaJet petitioned the EU court to intervene in support of the European biofuel interests.

Since the underlying challenge was dismissed, the U.S. groups said in a news release on Thursday that the objections to the EU regulation raised by the U.S. groups were not considered by the court.

"We are disappointed by the court's decision and strongly disagree with its finding that biofuel producers in the EU and United States -- who manufacture the renewable fuels that become SAF -- are somehow not harmed or affected by the EU's unfair and unscientific SAF requirements," the U.S. groups said in a statement.

"We will continue exploring options with our partners in Europe to address the biased nature and punitive effects of the ReFuelEU Aviation regulation."

The groups said by banning crop-based SAF from qualifying, the ReFuelEU Aviation regulation "harms ethanol and SAF producers around the world" by denying them access to an emerging low-carbon fuel market.

"And, because commercial aviation is a global marketplace, the EU regulations also have extraterritorial effects on operations outside of Europe," the U.S. groups said.

The RFA said it also petitioned the court to intervene in a separate challenge brought by EU producers against the FuelEU Maritime regulation, which similarly blocks crop-based biofuels from participating in the EU's regulatory program to decarbonize maritime fuels.

The underlying challenge to the FuelEU Maritime regulation and RFA's petition to intervene were also dismissed by the court on Tuesday.

Todd Neeley can be reached at todd.neeley@dtn.com

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