On November 5th, the U.S. government shutdown became the longest in American history, stretching past 36 days as Congress remained unable to agree on funding legislation. The shutdown continues to impact millions of Americans, from federal employees missing paychecks to disruptions in air travel and food assistance programs. Negotiations intensified, with Senate Democrats emboldened by recent election victories and Republicans introducing new offers to end the stalemate, including conversations about rehiring laid-off federal workers. Despite bipartisan engagement, major policy divisions, especially surrounding healthcare premium subsidies and budget rules, kept Congress deadlocked, while federal agencies and services continued to scale back or operate with reduced staff.
The Supreme Court on November 6th, heard oral arguments concerning challenges to President Donald Trump’s sweeping tariffs, which were imposed via executive orders relying on the International Emergency Economic Powers Act (IEEPA) to address perceived national emergencies like trade deficits and fentanyl trafficking. The Trump administration has argued that IEEPA’s language permits the President to "regulate … importation" inherently, including the power to impose tariffs. They cite “the point of the statute is to confer major powers to address major questions, which are emergencies.” The challengers, including small businesses and states, contended that the President has exceeded the authority granted by Congress. Several justices expressed skepticism, suggesting that reading IEEPA to grant this authority violates the separation of powers, as the power to tax or impose tariffs is traditionally reserved for Congress, and potentially violates the “major questions” doctrine. The “major questions” doctrine requires explicit congressional delegation for decisions of vast economic significance. Both sides have requested the court to move quickly in deciding the dispute.
The National Highway Traffic Safety Administration (NHTSA) plans to implement a "complete reset" of the Corporate Average Fuel Economy (CAFE) program. Deputy Transportation Secretary Steven Bradbury announced that the proposal would be released "in a matter of weeks", arguing that the previous administration "really abused and misused" the CAFE program to artificially accelerate the transition to electric vehicles. This new rulemaking (Reg. 2127-AM76) is designed to weaken existing standards through model year 2031 and is anticipated to yield "something on the order of $100 billion in cost savings for the U.S. economy". Furthermore, this effort is occurring shortly after Republicans eliminated all civil penalties for noncompliance with the program and is unfolding alongside the EPA's separate proposal to end its regulation of vehicle tailpipe emissions by revoking the greenhouse gas endangerment finding.
EMA Regulatory Reminder: $600 Federal Tax Credit for B20 Compatible Furnaces and Boilers Available to Homeowners Expires on December 31, 2025
The Inflation Reduction Act (IRA) included a provision to incentivize
the efficiency of heating oil equipment while increasing the amount of
biodiesel blended into the fuel. Under the IRA, homeowners are eligible
for tax credits of $600 for installation of new oil/biofuel
blend-compatible heating appliances. The credit is available to
homeowners on an annual basis and capped at $600 per year. Beginning
January 1, 2023, heating oil dealers should make their customers aware
of the new tax credit and explain how to apply for it. The One Big
Beautiful Bill included language to end the credit by December 31, 2025,
so homeowners have until the end of the year to claim the credit.
In order to qualify for the $600 federal tax credit, the following
conditions must be met:
Equipment Placed in Service After December 31, 2022
Equipment must have 2021 Energy Star ratings (87 AFUE for oil boilers and 85 AFUE for furnaces) and be certified by the manufacturer to burn heating oil blended with a 20 percent biodiesel or renewable diesel fuel. This equipment is available now.
Many new heating oil boilers and furnaces currently available from
manufacturers should be compatible with 20% biodiesel blends and qualify
for the $600 credit on new installations beginning January 1, 2023.
Manufacturers are currently providing certification for B20
compatibility on new equipment.
Please check with your supplier to ensure their equipment is compliant
and that certifications are available to the homeowner. Homeowners may
apply for the credit on IRS Form 5695 and file it with their 1040,
1040-SR or 1040-NR return. The IRS published the updated Form 5695 to
claim the credit. Click
here to view it.
Business and Industry Groups, Including EMA, Urge President Trump to Intensify Antitrust Enforcement
Recently, EMA and dozens of business groups representing multiple sectors sent a letter to President Trump urging him to double down on the antitrust crackdown he championed during his 2024 campaign and specifically to "resist pressures" to go soft on alleged monopolists like Google and Ticketmaster. The letter argues that strong action is needed to curb excessive market power and preserve fair competition across multiple sectors. When asked why EMA joined the letter, EMA President Rob Underwood said:
The reason why the Energy Marketers of America (EMA) signed the letter is because of our commitment to the Main Street Competition Coalition (MSCC) to promote competition by strengthening enforcement of the Robinson-Patman Act (“RPA”). The RPA is the only federal price discrimination law to ensure a level playing field for the benefit of both businesses and consumers. Increased antitrust enforcement will help with FTC's authority under the RPA to bring enforcement actions against anticompetitive price discrimination. This price discrimination favors, among others, super stores and big box retailers, who gain a competitive advantage by purchasing merchandise at lower prices than their smaller to medium-sized competitors. In other words, convenience stores are at a competitive disadvantage when compared to other channels, be it big box, grocery or dollar stores, which often offer less expensive food and beverage products at retail than convenience retailers can obtain from the wholesale level. Some convenience store retailers have tried to purchase items at big box retailers since it can be cheaper than the wholesale price. Unfortunately, convenience store retailers receive retaliatory action from food and beverage suppliers and producers.
Unfortunately, the FTC has not brought a case under the RPA in more than 20 years. The FTC should investigate unlawful price discrimination at every level of trade that impacts the energy marketing industry. This should include the important issue of whether “channels of trade” distinctions are being used to evade laws against price discrimination. We also back FTC's increased because it will strengthen FTC’s RPA enforcement efforts.
EMA’s interest in signing the letter is not motivated by an intent to promote or oppose mergers or acquisitions at the refiner or other levels of trade. EMA is focused more narrowly on enforcement of the RPA through the FTC.
Read the NY Post article covering the letter here
Watch the Fox Business clip on the letter here
EMA Legislative Reminder: U.S. Senators Call on FMCSA for Preemptive Hours-of-Service Flexibility to Bolster Disaster Response
Last week, 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 Acting Administrator and Chief Counsel Jesse Ellison urging the Federal Motor Carrier Safety Administration (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 to ensure that hours of service exemption requests receive the attention they deserve. To read the entire article concerning the EMA planned request for an Atlantic hurricane season exemption please click here.
PDI Workforce
3 Convenience Retail Staffing Tips That Actually
Work
When you’re running a convenience retail business, staffing is arguably your greatest challenge. With 56% of c-store operators citing hiring and retention as their biggest business concern, you’re not alone.
That’s why it’s time to get strategic about building and retaining your team. Fortunately, you don’t need magic to overcome turnover rates that can exceed 130% annually. Here are three smart business practices designed to work in the real world.
1. Invest More in Training
Don’t think of training as a luxury. Employees who receive comprehensive onboarding and ongoing skills development are far more engaged—and 92% say workplace training positively impacts their job satisfaction. From customer service to safety protocols, well-trained teams deliver better experiences and stick around longer.
2. Boost Efficiency with Technology
Free your staff from mundane, repetitive tasks by introducing productivity-enhancing technologies like mobile integration, smart shelving, and AI-powered inventory management. When your employees can focus on customer engagement rather than manual processes, everyone wins.
3. Connect Training to Loyalty
Your most engaged employees create your most loyal customers. When your team understands your products and promotions inside and out, they can make personal recommendations that drive larger basket sizes and repeat visits. Leverage microtraining formats—short, flexible modules—to help them learn faster without disrupting your store operations or their busy schedules.
Transform Your Workforce Strategy
Your approach to staffing and retention needs to evolve just as quickly as the convenience retail landscape. You can start by focusing on practices that deliver tangible ROI. Learn more about c-store staffing success. PDI Technologies is an EMA Corporate Platinum Partner.
October 2025 Energy Marketers of America Small Business Committee (SBC) PAC Contributions
PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the EMA Small Business Committee (SBC) PAC contributions from the following individuals during the October 1-31, 2025 time frame:
Arizona: Alex Bosque, Jim Brown, Beau Burgess, Dan Delozier, Ed Flores, Shawn Frate, Tracy Gahan, Josh Kinsey, Mackenzie Lytle, Cris Spencer, Shannon Ueunten, Scott Vestal, Mike Williams
Connecticut: Mike Devine
Hawaii: Brad Bell
Iowa: John Maynes
Nebraska: Mark Whitehead
NECSEMA: John McCusker
New York: Kris DeLair
North Carolina: Thomas Berry, Will Berry, David Boyd, Pat Buede, Zachary Bumgarner, Brian Campbell, Dallas McQueen Campbell Jr., Julius Cherry, Harry Foy Jr., Kevin Garrison, Tim Loman, Frank McNeill Jr., Audrey Shearin
North Dakota: Mike Rud
Ohio: Jeffrey Erb
Oklahoma: Candace McGinnis
Texas: James Shearin, Bobby Warren
Ford Considers Scrapping Electric Version of F-150 Truck | Wall Street Journal.
AFPM: The only lawful, acceptable number for RFS reallocation is zero | Hydrocarbon Engineering
Supreme Court appears skeptical of Trump's tariffs argument | NBC News
SNAP update: Trump admin will pay 50% of food stamp benefits in November amid shutdown | CNBC
Trump’s fossil fuel crusade confronts the climate faithful | yahoo!news
US regulator rejects Colonial Pipeline's plan to change Northeast gasoline delivery | Reuters
What Does And Doesn’t Drive Oil Prices | Forbes
Federated Insurance: It’s Your Life
Secure Your Legacy – Protect What You’ve Built
You’ve worked hard to create a life, build a business, and secure a future for your family. Without an estate plan, you could leave everything you’ve built exposed to delays, legal challenges, and unnecessary costs.
October is Estate Planning Awareness Month, making it a great time for small business owners to start planning. Estate planning is about control, clarity, and peace of mind.
Ask yourself these questions to decide if an estate plan is right for you:
Do you have a valid will? A will allows you to distribute your assets according to your wishes, preventing the state from making that decision.
Have you named any beneficiaries? Regularly reviewing and updating beneficiaries helps prevent disputes and ensures the right people receive your assets.
Do you have powers of attorney in place? Giving someone legal authority ensures they can handle your business and personal matters if you can’t.
Have you considered a trust? A trust can help your heirs avoid probate and protect your privacy. Plus, it allows you to control how you share your assets.
Are your documents up to date? Life changes like marriage, children, or business growth mean your estate plan should evolve to reflect your current situation.
This month, take action to protect the legacy you have worked hard to build. An attorney who specializes in estate planning can walk you through a wide range of options and help you build a plan that fits your needs.
Talk to your Federated Insurance® marketing representative to assist in connecting you with an independent and qualified estate planning attorney or please always feel free to contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.
At Federated Insurance, It’s Our Business to Protect Yours®
This article is for general information and risk prevention only and should not be considered an offer of insurance or legal, financial, tax, or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all losses. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. This information is current as of its publication date and is subject to change. Some of the services referenced herein are provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated nor its employees provide legal or other expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances. All rights reserved.
EMA Member Services Spotlight Featuring: Hertz from National
Purchasing Partners (NPP)
Exclusive Discounts on Travel with Hertz and NPP
EMA’s members can now enjoy big savings on Hertz car rentals—perfect
for business trips, family visits, or weekend adventures. Through NPP,
you will get special contract pricing on sedans, SUVs, trucks, EVs,
12-passenger vans, and box trucks (where available).
And there’s more: once you activate the offer, you will enjoy free enrollment in Hertz Gold Plus Rewards® for added convenience and perks.
Make the most of this opportunity—add Hertz to your list of member benefits and start sharing today!
NPP provides special contract pricing on a wide selection of Hertz rental vehicles including sedans, SUVs, trucks, electric vehicles, 12-passenger vans, and box trucks where available. Choose from convenient airport or neighborhood locations, weekly or monthly rates, and more.
Enroll with NPP for free to save.
NPP is a member benefit provider of Energy Marketers of America.
Restrictions may apply.