Renewables and Regulatory

We have assisted clients involved in the transition to renewable fuels by providing advice related to navigating low carbon fuel policies and programs, evaluating impacts to legacy industries, and acting as the lenders’ engineer for renewable fuels investments

Case Studies

Defining Ethanol's "Cost-of-Production" - What's Included?

July 1, 2014

A "cost-of-production" price dispute emerged for ethanol supplied to a gasoline retailer within the context of the United States Government Renewable Fuel Standard. As the ethanol market matured and prices settled, the original formula was challenged as an inaccurate reflection of costs. Baker & O'Brien investigated the comprehensive ethanol plant production costs, products, and revenues, and provided an opinion to the arbitrators.

Out in the Cold: Freeze Damage or Normal Wear and Tear?

October 1, 2015

A chemical process plant that had been idled through severe winter weather was discovered upon inspection some months later, with damaged piping and equipment. Baker & O'Brien was retained to review the detailed property loss insurance claim through analysis of equipment damages, interviews, examination of design, and operational and maintenance information. Our expert report proved instrumental in the owner and insurance company reaching a settlement.

Does Splash Blending of Ethanol Comprise a Trademark Infringement?

April 1, 2015

Legislation requiring refiner-marketers of blended ethanol-gasoline to make available unblended gasoline suitable for splash blending by third parties led to a lawsuit of trademark infringement over lack of product quality control. This article describes the essence of our work to present a detailed description of the ethanol blending processes and the accuracy of quality control for in-line blending versus splash blending. The investigation and findings were entered into evidence and a Baker & O'Brien consultant provided testimony in deposition and at trial.