WASHINGTON, DC, US — US ethanol leaders are seeking to intervene in a legal challenge of a European Union aviation regulation that would effectively ban the use of renewable, crop-based biofuels.

The US groups, which include the US Grains Council, Growth Energy, the Renewable Fuels Association and LanzaJet, are supporting a challenge brought by ePURE, a trade association representing European ethanol producers, and Pannonia Bio, one of Europe’s largest ethanol producers.

Their challenge seeks to annul the relevant provisions of the ReFuelEU Aviation Regulation, which was adopted by the EU in 2023 and will take effect in 2025, that exclude crop-based biofuels from the definition of sustainable aviation fuel.

A similar challenge was brought against the FuelEU Maritime Regulation, and members of the US ethanol industry are seeking to intervene there, as well.

With regard to the new petition, the groups argue it will have a detrimental effect on the US ethanol industry.

“[T]he Contested Provisions give rise to a de facto ban on the supply of crop-based biofuels to the aviation sector in the EU,” the organizations said. “Due to the substantial difference in cost between biofuels and fossil fuels in the EU – which the Regulation expressly acknowledged – aviation fuel suppliers will not purchase biofuels instead of fossil fuels unless they are obliged or incentivized to do so. Since using crop-based biofuels will not help aviation fuel suppliers meet their obligations under the Regulation, they will not purchase those biofuels.”