US ethanol and SAF industry disappointed in EU court ruling on crop-based SAF

In Luxembourg, leaders of the U.S. ethanol and sustainable aviation fuel (SAF) industry 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 did not have a legal right to bring the challenge, which asserted the EU’s sustainable aviation fuel regulation improperly discriminates against crop-based biofuels.

In May 2024, the Renewable Fuels Association, Growth Energy, U.S. Grains Council, and LanzaJet 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.

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.