The General Court of the European Union (EGC) has dismissed a legal challenge brought by European biofuel producers over the exclusion of crop-based biofuels from the EU's sustainable aviation fuel (SAF) regulation, Ethanol Producer magazine wrote.
In its decision on 27 February, the court dismissed a legal challenge brought in 2024 by European renewable ethanol association ePURE and European biofuel producer Pannonia Bio over the ReFuelEU Aviation regulation’s exclusion of crop-based biofuels, the 28 February report said.
ReFuelEU is part of the Fit for 55 package, which is the EU’s plan to reduce greenhouse gas (GHG) emissions by at least 55% by 2030 compared to a 1990 baseline and to reach net-zero by 2050.
The ReFuelEU aviation rules require EU airports and fuel suppliers to ensure that at least 2% of aviation fuels are “green” by 2025, increasing to 6% in 2030, 20% in 2035, 34% in 2040, 42% in 2045, and 70% in 2050.
The rules also require a proportion of the fuel mix to be comprised of synthetic fuels, such as e-kerosene. The requirement for synthetic fuels is set at 1.2% in 2030, 2% in 2032, 5% in 2035 and progressively reaches 35% in 2050.
The ReFuelEU regulations have been criticised by many in the biofuels industry for excluding crop-based aviation fuels, according to the report.
In May 2024, the Renewable Fuels Association (RFA), Growth Energy, the US Grains Council (USGC) and SAF technology company LanzaJet sought to intervene in the challenge in support of ePURE and Pannonia Bio, Ethanol Producer wrote.
In its ruling, the General Court of the EU said that ePURE and Pannonia Bio did not have a legal right to bring the challenge, the report said.
As the underlying challenge was dismissed, the objections to the EU regulations raised by the RFA, Growth Energy, USGC and LanzaJet 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 US groups were quoted as saying.
“We will continue exploring options with our partners in Europe to address the biased nature and punitive effects of the ReFuelEU Aviation regulation.”
RFA had also petitioned the EGC to intervene in a separate challenge brought by EU producers against the FuelEU Maritime regulation, which also excludes crop-based biofuels from inclusion in the EU’s regulatory programme to decarbonise maritime fuels, the report said.
The underlying challenge to the FuelEU Maritime regulation – and RFA’s petition to intervene – were also dismissed by the Court.
