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Energy Marketers of America weekly update on important national industry news
April 25, 2025  [WR-25-17]
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Urge Lawmakers to Support Resolutions to Overturn California Waivers Allowing ICE Bans

Supreme Court Hears EMA’s Legal Challenge Targeting the California Car Mandate

CVSA’s Annual Roadcheck Will Focus on HOS Compliance

More Items for EMA PAC Silent Auction!

Capitol Hill Update

Weekend Reads

Federated Insurance® Launches 2˝-Day Risk Management Academy Offering for Petroleum Business Owners in May

EMA Platinum Partner Spotlight Featuring: Meridian Associates, Inc.

Articles for April 25, 2025

Urge Lawmakers to Support Resolutions to Overturn California Waivers Allowing ICE Bans

Next week, the House of Representatives plans to consider three Congressional Review Act (CRA) resolutions to overturn Biden-era rules granting Clean Air Act waivers to California. The resolutions, introduced by Reps. John Joyce (R-PA), John James (R-MI), and Jay Obernolte (R-CA), would overturn the Environmental Protection Agency’s approval of the Clean Air Act waiver for California's Advanced Clean Cars (ACC II) rule, along with approved federal waivers for the State's clean trucks and heavy-duty NOx rules.

The CRA resolutions are strongly supported by EMA. Under the CRA, Congress is empowered to review “rules” issued by federal agencies, including EPA, before the rules take effect. Congress may review a rule for a period of 60 days and then disapprove it using special procedures, including a joint resolution of disapproval. The EPA transmitted the three waiver approvals to Congress earlier this year, starting the clock for review of the waivers by lawmakers. If agreed to by the House and Senate, the joint resolutions will head to President Trump’s desk for his signature.

California’s ACC II rule includes a mandate for vehicle manufacturers to sell increasing percentages of zero-emission vehicles in the State, beginning in model year 2026, and culminating in a ban on internal combustion engine-powered vehicles in 2035. To date, 17 states have adopted portions of California’s light- and heavy-duty vehicle regulations. By design, California’s ACC II rules operate to reduce the liquid fuels market by giving preferential treatment to electric vehicles, thereby injuring energy marketers and others who participate in the market. EPA’s waivers not only increase vehicle costs but also increase the costs of goods and the cost of living for American families.

EMA calls on energy marketers to contact their Representatives and Senators, urging them to support the CRA resolutions of disapproval for the California waivers and restoring vehicle choice for all Americans.

Click here to Take Action

Supreme Court Hears EMA’s Legal Challenge Targeting the California Car Mandate

On Wednesday, the U.S. Supreme Court heard oral arguments today on EMA, American Fuel & Petrochemical Manufacturers, and other fuel industry stakeholders’ challenge to the Biden EPA’s issuance of a Clean Air Act waiver, authorizing California to implement its Advanced Clean Cars I (ACC I) rule. Court observers feel it is likely that the high court will remand the case to the D.C. Circuit to consider the groups’ challenge to the federal waiver on the merits. A ruling from the Court is expected by the end of June.

The U.S. Court of Appeals for D.C. Circuit had tossed out the energy petitioners challenge to the granting of the ACC I waiver, holding that the fuel producers and energy marketers did not have standing to bring their case because the automakers make their compliance plans and decisions years in advance and overturning the waiver would not redress or provide them with meaningful relief. Under ACC I, California was accelerating the move to electric vehicles in the State through model year 2025. The Supreme Court agreed to hear only the standing issue and not the merits of EPA’s waiver.

During today’s oral argument, several Justices signaled interest in the energy groups’ claims, particularly in light of both sides acknowledging that the D.C. Circuit misinterpreted the federal waiver as applying only through model year 2025, when in fact its effects may extend indefinitely. However, the Court expressed caution about establishing a broad new legal standard for industry standing. If the Supreme Court determines that the harms asserted by the energy groups can be redressed, it will send the case back to the D.C. Circuit for further proceedings. The Trump administration also can rescind the ACC I waiver through a rulemaking.

“EMA is optimistic that the Court will recognize that the aggressive constraints on the liquid fuels market imposed by EPA and California are redressable and that energy marketers have standing to challenge tailpipe emissions standards being used to mandate EVs,” said EMA President Rob Underwood. “After all, EV enthusiasm is clearly dwindling, and California is relying on this unlawful regulatory action to force electrification.” “We have simply asked the Court to step in to preserve consumer choice and ensure that all forms of energy are treated equally, which will guarantee that small business energy marketers can continue to sell American-made fuels in the future,” Underwood added.

CVSA’s Annual Roadcheck Will Focus on HOS Compliance

The Commercial Vehicle Safety Alliance (CVSA) will conduct its annual International Roadcheck from May 13 to May 15 across the U.S., Canada, and Mexico, focusing on compliance with regulations regarding driver hours-of-service (HOS) records and vehicle tire conditions. During this three-day initiative, law enforcement officials will inspect commercial motor vehicles and drivers at various locations, including weigh stations and mobile patrols, using primarily the North American Standard Level I Inspection—which covers both driver credentials and vehicle mechanical fitness.

This year’s inspection will closely examine the driver’s record of duty status (RODS) to ensure accurate reporting and compliance with HOS rules. Drivers found with deficient logs may be placed out of service. Additionally, inspectors will check the driver’s documents, commercial driver license, medical examiner’s certificate, skill performance compliance certificate, U.S. Drug and Alcohol Clearinghouse status, among others. On the vehicle side, inspectors ensure compliance with applicable regulations regarding brake systems, cargo securement, fuel and exhaust systems, etc. This year, the inspection will pay special attention to tire integrity—checking tread depth, inflation, and damage such as leaks or bulges.

Inspectors may conduct alternative inspections (Levels II or III) under special circumstances like bad weather.

Learn more about CVSA’s Roadcheck here.

More Items for EMA PAC Silent Auction!

EMA Small Business Committee (SBC) PAC Co-Chairs Mike Downs and Tim Keigher would like to thank Kris DeLair and Empire State Energy Association, Inc., for donating a Mejuri Pavé Diamond Evil Eye Bracelet and Emily LeRoy and Tennessee Fuel & Convenience Store Association for donating a Judith Bright Cuff Bracelet.

The evil eye symbol represents a multitude of cultural traditions, said to ward off envy and evil by bending it back on the bestower. Now, you can carry it with you every day.

Mejuri’s pieces are handcrafted from precious materials like solid gold, sterling silver, and diamonds—never brass or steel—so you can wear them with confidence.

Judith Bright is committed to creating unique artisanal jewelry that is both heirloom-quality and affordable. Sculpting each piece by hand in their studio, they are able to deliver meticulous craftsmanship and the opportunity for customization within their line of designs. In this way, they bring a conscientiousness and a sense of meaning to each piece of jewelry they create. Authenticity, accountability, and kindness are the touchstones of everything they do, from how they treat their customers to how they treat each other.

This is a beautiful 3-stone cuff bracelet. Due to the one-of-a-kind nature of gemstones, their appearance may vary to some degree. Each piece is handmade; therefore, any slight imperfections or flaws are something to embrace as it makes the piece uniquely yours.
Full color, full styling, full creativity, and full fun!

The Auction will take place in conjunction with EMA’s Washington Conference May 14-16. Auction bidding will begin April 14 and will close during the conference on May 16 at 9:00 am. The auction items will be displayed at the Welcome Reception on May 14. Last year, there was tremendous support in auction contributions and PAC Co-Chairs Mike Downs and Tim Keigher urge your participation this year as well!

If you have items that you would like to contribute to the EMA SBC PAC Silent Auction or the MDF Fall Auction, please click here or contact Sabrina Pitcher at 703-351-8000.

Capitol Hill Update

Congress is approaching the starting line of a May legislative sprint as House and Senate leaders continue to work behind the scenes on Republicans’ tax and spending bill, reportedly named the Renewing the American Dream Act.

Details of the House’s version of Republicans’ multi-trillion reconciliation bill are expected to be released in the coming days as House Committees plan to begin marking up portions of the bill next week. The House Armed Services, Education & Workforce, Judiciary, Homeland Security, Oversight, and Transportation & Infrastructure Committees are expected to begin marking up reconciliation legislation next week, while the House Energy & Commerce and Ways & Means Committees will hold markups later in May.

House leaders are optimistic that the House will consider a reconciliation package on the House floor the week of May 19 prior to the Memorial Day recess. If the House is successful in moving the reconciliation bill by Memorial Day, the Senate is expected to consider its own reconciliation package in June, leaving July to resolve differences between the House and Senate proposals. This effectively makes the traditional August congressional recess the deadline to send a reconciliation bill to the President’s desk.

Further details of Republicans’ tax policy proposals remain close hold. However, despite reports that the White House and key Members of Congress have considered allowing an increase in the top income tax rate on high earners as a potential offset for other Republican tax priorities, President Trump and Speaker Mike Johnson effectively neutralized those rumors this week, with President Trump telling reporters that the tax hike would be “very disruptive.”

The Trump Administration also continues to take action on President Trump’s trade and tariff agenda. This week, the Trump Administration announced two new trade investigations focused on the national security impacts of critical minerals and truck imports. These investigations may serve as the basis for future tariff actions on those imports. Meanwhile, President Trump is reportedly considering further exemptions to previously implemented tariffs to provide relief to certain sectors, including exemptions for car parts from certain tariffs on China.

Weekend Reads

HHS, FDA to Phase Out Petroleum-Based Synthetic Dyes in Nation’s Food Supply | U.S. Food & Drug

New ad, “Don’t California our cars,” urges Congress to overturn EPA authorization of CA gas car ban | AFPM

Philip Morris Stock at Record High as Zyn Powers Profits | The Wall Street Journal

Texas may ban THC products just a few years after legalization started a big business | NPR

Zeldin says he can ‘absolutely’ assure public EPA deregulation efforts won’t harm environment | The Hill

Federated Insurance® Launches 2˝-Day Risk Management Academy Offering for Petroleum Business Owners in May

Federated Insurance® is excited to formally invite business owners in the petroleum industries to attend our complimentary 2˝ -Day Risk Management Academy (RMA) offerings from May 20-22, 2025. Led by risk management professionals, this session will be held at Federated®'s Home Office in Owatonna, Minnesota.

Often, business owners may find themselves so busy in the day-to-day workings of their company that they may have less time to focus on the overall safety of their business. The RMA sessions can help owners in the petroleum industry learn how to prevent losses impacting their bottom line by developing risk management best practices, connecting with industry peers facing similar challenges and insurance professionals who are committed to helping owners, and applying what is learned to make a difference at their businesses.

Key Agenda Items:

  • Developing a risk management culture

  • Learning the importance of risk management for businesses

  • Advantages of using Federated DriveSAFE℠ Telematics

  • Evaluating workers compensation risks

  • Focusing on business succession and employee retention

Building a culture of workplace safety starts with business leaders. Learn more and register now to attend this valuable 2˝-Day RMA to help take risk management to the next level. To reserve your spot in the upcoming session, or for more information, please contact FederatedRMA@fedins.com or please reach out to your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

About Federated Insurance

Founded in 1904, Federated Insurance is a national insurance and risk management organization that serves the property, casualty, and life insurance needs of clients in select industries. The organization has 500+ recommendations from state, regional, and national associations and buying groups and is rated A+ (Superior) by industry analyst A.M. Best®.

EMA Platinum Partner Spotlight Featuring: Meridian Associates, Inc.
Push, Pull, Prod – Time to Stop! By Betsi Bixby

Talk to any business owner right now for at least 5 minutes and my educated guess is you’ll hear a time frustration indicator, something about them feeling pushed, pulled, or prodded. Typical phrases include:

  • I wish I could be in two places

  • I meant to do that

  • I didn’t have time for that

  • I get to the end of the day and still have my list barely half done

  • I feel like I have to…

  • If I could just clone myself, I’d get it all done

This talk has become commonplace. People globally, in all types of positions from laborers to CEOs, are feeling pushed, pulled, prodded and, may I dare say, just a little bit out of control? This leads to undue stress, anxiety, sleep disturbances, and short tempers. As a leader of your company, is this the state you want to be in for major or even daily critical decisions?

Click here to read this article in its entirety.

To learn more about EMA’s Corporate Platinum Partner, Meridian Associates, please visit or contact them at 817-594-0546.