U.S. Court Tosses Trump-Era Rule Expanding Sales of Corn-Based Ethanol

Jul 06, 2021

A federal appeals court on Friday struck down a U.S. rule put in place under former President Donald Trump to expand sales of corn-based ethanol, drawing ire from farm and biofuel groups that vowed to work to ensure that such sales continue.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the Environmental Protection Agency (EPA) exceeded its authority by lifting summertime restrictions on the sale of a 15% ethanol fuel blend known as E15. The decision came in a lawsuit by an oil refining trade group challenging the rule.

The EPA in 2019 extended a waiver that allowed year-round sales of E15. Ethanol producers cheered that move, as it would allow expanded sales of the blend.

The American Fuel and Petrochemical Manufacturers (AFPM), which sued the EPA, welcomed the D.C. Circuit’s ruling.

“There is no ambiguity in statute and the previous administration’s reinterpretation overstepped the will of Congress,” AFPM President Chet Thompson said in a statement.

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Video: Dicamba Returns for Georgia Farmers: What the New EPA Ruling Means for Cotton Growers

After being unavailable in 2024 due to registration issues, dicamba products are returning for Georgia farmers this growing season — but under strict new conditions.

In this report from Tifton, Extension Weed Specialist Stanley Culpepper explains the updated EPA ruling, including new application limits, mandatory training requirements, and the need for a restricted use pesticide license. Among the key changes: a cap of two ½-pound applications per year and the required use of an approved volatility reduction agent with every application.

For Georgia cotton producers, the ruling is significant. According to Taylor Sills with the Georgia Cotton Commission, the vast majority of cotton planted in the state carries the dicamba-tolerant trait — meaning farmers had been paying for technology they couldn’t use.

While environmental groups have expressed concerns over spray drift, Georgia growers have reduced off-target pesticide movement by more than 91% over the past decade. Still, this two-year registration period will come with increased scrutiny, making stewardship and compliance more important than ever.