Congress Ends Government Shutdown
On Wednesday, 43 days into a government shutdown, the House passed a
bill negotiated by the bipartisan Senate, to end the government shutdown
by extending current funding until January 30th, halting the
Administration's "reduction-in-force" layoffs, and ensuring back pay for
furloughed employees. The House voted 222-209 to advance to President
Trump’s desk a continuing resolution that also includes full-year
appropriations bills for Agriculture, Veterans Affairs, and the
Legislative Branch appropriations, and a one-year extension of the Farm
Bill. The Supplemental Nutrition Assistance Program (SNAP) would be
fully funded under the agriculture appropriations measure, and the
package restores the full borrowing cap of $30 billion for the Commodity
Credit Corporation. Government funding outside of these three
appropriations bills is funded through January 30, including the
Department of Health and Human Services (HHS), which oversees the
Low-Income Home Energy Assistance Program (LIHEAP). Six House Democrats
joined Republicans to end the government shutdown. Two Republicans,
Reps. Massie (R-KY) and Steube (R-KY), voted no.
Unfortunately, the bill to end the government shutdown effectively bans
intoxicating hemp products, although the ban doesn't go into effect
until one year after the date of enactment. Specifically, the bill was
designed to close the “hemp loophole” thereby changing the definition of
hemp from previous farm bill language to preclude all but naturally
occurring derivatives of hemp products with lower than 0.3 percent THC
content by dry weight.
While Republicans agreed to hold a December vote on a Democrat ACA
subsidy extension, the overall agreement did not incorporate key
Democrat demands, such as extending ACA subsidies, stopping rescissions
and impoundments, or restoring OBBB Medicaid funding. Consequently, the
deal is deeply unpopular with progressives who had hoped for greater GOP
concessions. Furthermore, the prospect for the ACA subsidy vote is low
because it will require a 60-vote threshold, rather than the 50-vote
threshold Democrats had sought, and even if it passes the Senate, it is
not guaranteed to pass a vote in the House. The agreement took place
against a critical context where air traffic control capacity reached
critical levels, leading to ordered flight reductions and more than 50
percent of flights being delayed or canceled, and the Supreme Court
delayed the restoration of SNAP benefits pending appeal.
Despite the shutdown, EMA remained busy on Capitol Hill and with the
Administration. On October 29th, Senator Roger Wicker (R-MS), along with
Senators Marsha Blackburn (R-TN), Katie Britt (R-AL), Bill Cassidy
(R-LA), Cindy Hyde-Smith (R-MS), Tom Cotton (R-AR) and Tim Scott (R-SC)
sent a letter to Federal Motor Carrier Safety Administration (FMCSA)
Derek Barrs and Chief Counsel Jesse Ellison urging FMCSA to implement a
preemptive and proactive policy for hours-of-service (HOS) exemptions to
ensure the seamless delivery of essential motor fuels during major
disasters, hurricanes, and regional emergencies. EMA has been working
closely with these Senate offices and FMCSA to advance this priority on
behalf of our members.
EMA Urges Congress to Pass the Energy Choice Act
This week, the Energy Marketers of America (EMA) sent a letter to House Energy Subcommittee Chairman Bob Latta (R-OH) supporting passage of the Energy Choice Act (H.R. 3699 / S. 1945) calling it the last line of defense against state and local bans on heating oil, gas and propane.
The Energy Choice Act would prevent governments from blocking any energy source, from heating oil to renewable biofuels. It protects choice, fuels competition, and keeps low-carbon options like renewable diesel in play.
Click here to read the letter.
On Wednesday, the Energy Marketers of America (EMA), representing
thousands of fuel wholesalers, fueling stations and convenience stores,
praised President Trump's decisive crackdown on rogue smoke shops
selling illegal, unregulated products—restoring fairness to retail and
shielding families and kids from harm.
Legitimate retailers watch these unlawful smoke shops set up shop next
door, dodging ID checks, taxes, and safety rules while pushing untested
junk to minors. For too long, they operated unchecked. Now, Trump's
all-of-government blitz—spearheaded by FDA, CBP, and DOJ—is turning the
tide, boosting market integrity and public health.
Key wins: HHS and CBP's record seizure of 4.7 million illegal e-cigs
worth $86.5 million—mostly from China. FDA-CBP's $34 million Chicago
vape haul earlier this year. New York's Operation Vapers’ Dozen nailed
dozens of illicit vape distributors.
State takedowns crush networks: Louisiana's Operation Vape Out—10
arrests, $1M+ seized. Florida's Operation Smoke Signals—27 busted across
20 stores for sales to kids. North Carolina's Operation Smoke and
Mirrors—13 shops shuttered, linked to drugs and trafficking. Orange
County, CA cops seized hundreds of pounds of contraband from phony
retailers.
Illicit vape imports have become a lucrative enterprise for foreign
manufacturers, primarily in China, with products featuring candy flavors
and bright packaging aimed at children. In contrast, responsible
convenience stores train employees to verify ages, pay all required
taxes, and sell only compliant products under state and federal
law.
The Administration's coordinated enforcement has renewed confidence
among legitimate operators. By seizing millions of illicit vapes and
closing unlawful smoke shops, it sends a powerful message: the days of
selling illicit vapes are over.
EMA urges continued momentum, including sustained coordination and
resources for state and local law enforcement on the front lines.
Allocating a portion of federal enforcement funds directly to local
agencies will enhance investigations, seizures, and prosecutions.
“Honest retailers—family-run, community-based small businesses—seek only
a level playing field. Each shutdown of a rouge smoke shop selling
illegal vaping products restores fairness to those who play by the
rules. Strict enforcement ultimately protects consumers, shields
children, and enables law-abiding businesses to thrive,” said EMA
President Rob Underwood.
Click here to read the letter.
This week, the Energy Marketers of America (EMA) expressed deep
concern over the reported terms of a new proposed settlement between
Visa, Mastercard, and U.S. retailers, calling it “insufficient relief in
the face of years of unchecked fee increases.” The Wall Street Journal
broke
the story.
The settlement, filed on November 10 in federal court in Brooklyn, New
York, comes nearly 20 years after the original antitrust lawsuit was
launched and follows the rejection of a prior $30 billion agreement in
2024. While it includes a modest 0.1% (10 basis point) reduction in
interchange fees for five years and new flexibility for retailers to
decline high-fee rewards cards, EMA warns the deal falls far short of
delivering meaningful, long-term relief.“
Swipe fees have exploded in recent years—reaching $111 billion in 2024
alone—while this settlement offers only temporary, minimal relief,” said
Rob Underwood, President of Energy Marketers of America. “The devil is
in the details, and the proposed settlement raises more questions than
answers. Energy marketers cannot afford another hollow
compromise.”
Key concerns include:
Minimal Fee Reduction: A 0.1% cut for just five years does not offset the 70% surge in swipe fees since the pandemic, leaving fuel retailers—who operate on razor-thin margins—without sustainable relief.
Rewards Card Loophole Risk: While retailers may decline entire categories of cards, it remains unclear whether accepting one rewards card would require accepting all—potentially allowing Visa and Mastercard to reclassify non-rewards cards with token rewards to preserve high fees.
Consumer and Sales Impact: With 70% of transactions involving rewards cards, refusing them could drive customers to competitors, forcing retailers into an untenable choice between profitability and customer loyalty.
EMA supports fair competition and transparency in payment processing but urges the court to demand stronger, permanent safeguards before approving any agreement.“
America’s energy marketers deserve a settlement that reflects the true cost burden they’ve endured—not one that protects network profits at the expense of Main Street businesses,” Underwood added. EMA will continue monitoring developments as the proposed settlement moves toward judicial review.
EMA Regulatory Reminder: Energy Marketers Sound Alarm: EPA's Proposed RFS Reallocation Could Slam Businesses with Higher Costs
Recently, the Energy Marketers of America (EMA) – representing the nation's fuel distributors and retailers -- urged the EPA to not reallocate small refinery exemptions (SREs). Shifting exempted renewable fuel volumes from small refiners back onto larger ones could likely spike RIN prices, rack fuel costs, and squeeze branded marketers caught in long-term contracts – all while lacking clear legal backing.
The Renewable Fuel Standard (RFS) mandates blending biofuels into gasoline and diesel, enforced via Renewable Identification Numbers (RINs). Small refineries can petition for SREs if compliance causes "disproportionate economic hardship." In August 2025, EPA granted a slew of SREs, exempting 11.4 billion gallons of 2023-2024 fuel – translating to billions in waived Renewable Volume Obligations (RVOs). EPA's Supplemental Notice of Proposed Rulemaking (SNPRM) for 2026-2027 RFS volumes – out September 18 – floats two co-proposals: 100% or 50% reallocation of those volumes to non-exempt refiners.
Biofuel advocates demand 100% reallocation to shield farmers from lost demand – projecting $7.5 billion hit to soy growers without it. Refiners and downstream players warn of $70 billion plus annual consumer costs from RFS overall, with reallocation piling on billions more.
EMA speaks for 48 state associations, and 80% of U.S. motor/heating fuels via 60,000 retail stations and supplying 40,000 more. Most are small to medium sized businesses, below-the-rack, non-blenders who are hyper-sensitive to upstream shocks.
Supplemental RFS comments were due recently and there is no timeline on when EPA plans to issue final volumes for 2026 and 2027. Click here to read the comments.
October 2025 Contributors to EMA MDF
EMA’s Marketer Defense Fund (MDF) committee wants to thank the following individuals for their MDF contributions during the October 1-31, 2025 timeframe:
Alabama:
Bart Fletcher, P&CMA
Connecticut:
David Daniels, Daniels Oil Company
Maryland:
Brad Fulton, AC&T Company, Inc.
Minnesota:
Fueling Minnesota
Mississippi:
General Jim Lipscomb III, Lipscomb Oil Company
Nebraska:
Mark Whitehead, Whitehead Oil Company
North Carolina:
Jimmy White, Nisbet Oil Company
Oklahoma:
Candace McGinnis, OPMCA
Oregon:
John Truax, Truax Corporation
Tennessee:
Seth Blanks, Highland LLC
Corporate donations are acceptable. MDF funds have been used to create a COVID-19 Situational Update & Resources webpage, to hire experts to cover important regulatory agencies and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the EMA MDF.
White House hosts oil, biofuel talks as Trump administration nears decision on refinery waivers
DOE Awards Contracts To Begin Replenishing Strategic Petroleum Reserve | Tampa Free Press
U.S. EPA approves 14 small refinery biofuel waivers | Hydrocarbon Processing
US judge temporarily blocks Trump move for states to 'undo' food aid benefits | Reuters
What now for peak oil? Unpacking a surprise twist in the fossil fuel feud | CNBC
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