Leaders of the U.S. ethanol and sustainable aviation fuel (SAF) industry today expressed disappointment in Tuesday’s decision by the General Court of the European Union to dismiss a challenge against the ReFuelEU Aviation regulations brought by European biofuel producers. The court ruled that ePURE and Pannonia Bio lacked standing to bring the challenge, which asserted the EU’s sustainable aviation fuel (SAF) regulation illegally discriminates against crop-based biofuels.
In May 2024, the U.S. Grains Council, Growth Energy, LanzaJet and the Renewable Fuels Association, petitioned the court to intervene in support of the European biofuel interests. But because the underlying challenge was dismissed, 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 Unites 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. “We will continue exploring options with our partners in Europe to address the biased nature and punitive effects of the ReFuelEU Aviation regulation.”
By essentially 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.
RFA 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.
About The U.S. Grains Council
The U.S. Grains Council develops export markets for U.S. barley, corn, sorghum and related products including distiller’s dried grains with solubles (DDGS) and ethanol. With full-time presence in 28 locations, the Council operates programs in more than 50 countries and the European Union. The Council believes exports are vital to global economic development and to U.S. agriculture’s profitability. Detailed information about the Council and its programs is online at www.grains.org.