Cargill, Inc. v. Int'l Exch. Servs., LLC

Opinion

OPINION & ORDER

Hon. HAROLD BAER, JR., District Judge:

Plaintiff Cargill, Incorporated ("Cargill") has sued defendant International Exchange Services, LLC ("IES") for the transfer of invalid renewable fuel credits, referred to as Renewable Identification Numbers ("RINs"), which Cargill purchased in order to meet its own obligations under the Clean Air Act. Before the Court is IES's motion to dismiss the Complaint. For the reasons that follow, the motion is granted in part and denied in part.

BACKGROUND

Under the Clean Air Act ("CAA") and regulations issued by EPA governing the Renewable Fuel Standard Program, certain obligated parties may sell gasoline that contains an applicable percentage of renewable fuel only; the Renewable Volume Obligation ("Volume Obligation"). A renewable  [*2] fuel can be loosely defined as a non-petroleum based fuel, such as biogas or ethanol. The Renewable Fuel Standard Program is described in great detail in several other cases. See, e.g., GP & W, Inc. v. Int'l Exch., Services, LLC, No. 4:12CV00404 ERW, 2012 U.S. Dist. LEXIS 142213, 2012 WL 4513851, at *1 (E.D. Mo. Oct. 2, 2012); Vinmar Overseas, Ltd. v. OceanConnect, LLC, No. CIV.A. H-11-4311, 2012 U.S. Dist. LEXIS 117068, 2012 WL 3599486, at *1-2 (S.D. Tex. Aug. 20, 2012); Lansing Trade Group, LLC v. OceanConnect, LLC, No. 12-2090-JTM, 2012 U.S. Dist. LEXIS 87952, 2012 WL 2449514, at *1 (D. Kan. June 26, 2012).

Cargill asserts three causes of action: (1) a citizen suit for a violation of the CAA; (2) a breach of contract for the alleged sale of invalid RINs; and (3) a breach of the implied warranties under the UCC.

DISCUSSION

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