Energy Marketers of America Weekly Review - February 7, 2025
Energy Marketers of America Weekly Review - February 7, 2025
Congressional leaders have reached a crossroads this week as Republicans continue to negotiate strategy for enacting their legislative priorities. Following the delay of a planned House Budget Committee markup of a budget resolution, on Wednesday, Senate Budget Committee Chairman Lindsey Graham (R-SC) expressed support for advancing a Senate-led budget resolution next week, focused on energy, border, and national security policies. The Senate resolution would initiate the first of two budget reconciliation processes, with consideration of tax legislation following the first reconciliation package. The two-bill strategy supported by Graham and most Senate Republicans is largely at odds with House Republicans’ preferred strategy, including House Ways and Means Committee Chairman Jason Smith (R-MO), who favor one reconciliation package due to political constraints posed by the slim House majority. Nevertheless, it is unclear whether House Republicans can advance a House-led or Senate-led budget resolution due to pressure to secure significant budget cuts. House and Senate leadership met with President Trump on Thursday to continue to negotiate a path forward, with House Republicans expressing optimism that they would markup a budget resolution in the coming days.
Meanwhile, the Senate continues to make progress on confirming key Trump Administration nominees. This week, the Senate voted to confirm Secretary of Energy Chris Wright, Secretary of Veterans’ Affairs Doug Collins, Attorney General Pam Bondi, and Secretary of Housing and Urban Development Scott Turner. Senate committees have also advanced the nominations of Secretary of Commerce nominee Howard Lutnick, Secretary of Health and Human Services nominee Robert F. Kennedy, Jr., and Small Business Administration nominee Kelly Loeffler.
Federal agencies also continue to take steps to implement President Trump’s second term agenda, including various executive orders (E.O.) on cancelling electric vehicle charging programs and cuts to the federal workforce. Most notably, this week the Trump Administration suspended approval of the National Electric Vehicle Infrastructure (NEVI) implementation plans for fiscal years 2022 to 2025. "Effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new state plans are submitted and approved,” indicated in a letter issued by the Federal Highway Administration this week. Existing obligations to install EV charging will be honored, however, the Administration will publish new draft guidance to implement NEVI this spring.
President Trump also signed an E.O aimed at reducing regulatory burdens by requiring agencies to eliminate at least ten existing regulations for every new one issued. The Office of Management and Budget will oversee cost assessments to ensure that the total regulatory cost for fiscal year 2025 is significantly less than zero. The E.O. seeks to reverse the Biden Administration’s excessive regulatory policies, which contributed to inflation, high energy prices, and economic constraints on small businesses and consumers.
For EMA marketers, this initiative is particularly significant given the EPA’s extensive regulatory framework, which often imposes costly compliance requirements on the industry. There is also an opportunity to streamline certain DOT processes for efficient fuel transportation. EMA will be advocating at the agencies to address outdated and burdensome regulations, in line with the administration’s 10 to 1 deregulatory initiative.
Finally, the Trump Administration also initiated plans to reorganize the US Agency for International Development (USAID) under the State Department and placed most USAID employees on administrative leave.
EMA Congratulates Chris Wright on His Confirmation as US Secretary of Energy
The Energy Marketers of America (EMA) congratulated Chris Wright on his confirmation as US Energy Secretary this week.
Wright was confirmed with a vote of 59-38. He secured broad bipartisan support from Republicans and Democrats. As Energy Secretary, Wright will work to ensure the United States remains a global energy leader.
As a former energy executive, Wright has a unique perspective on the energy industry's challenges and opportunities. His leadership and expertise position him to address the critical energy challenges facing our nation.
Family-owned and operated, small business energy marketers represent a vital link in the motor and heating fuels distribution chain. EMA members supply 80 percent of all finished motor and heating fuel products sold nationwide including renewable hydrocarbon biofuels, gasoline, diesel fuel, biofuels, heating fuel, jet fuel, kerosene, racing fuel, and lubricating oils.
EMA looks forward to working with Secretary Wright and the Trump Administration to advance policies that reinforce and promote the essential role energy marketers play in providing safe and reliable liquid fuels.
EMA Urges Treasury to Extend CTA Filing Deadline Another Year
This week EMA joined other Main Street businesses operating in every industry and community in America in sending a letter to the Department of Treasury asking for an extension of the Corporate Transparency Act’s (CTA) reporting requirements filing deadline until at least January 1, 2026.
The CTA was designed to help law enforcement prevent money laundering by requiring shell companies to report and regularly update information regarding their beneficial owners (BOI) to Treasury. The law’s definition of a shell company, however, is ridiculously broad. By FinCEN’s own estimates, it initially covers 32 million legal entities with 20 or fewer employees or $5 million or less in revenues – in other words, nearly every small business in the United States. Despite its unprecedented scope, the CTA will be of little practical use to law enforcement, as criminals are unlikely to self-report their information to FinCEN. The brunt of its reporting burdens and excessive penalties will be shouldered by law-abiding Main Street businesses instead.
The myriads of legal challenges and court rulings has added to the confusion. A nationwide injunction issued against the CTA in December was subsequently overturned, reimplemented, and overturned again, all in a matter of weeks. An Alabama court ruling that found the CTA unconstitutional is still pending appeal in the Eleventh Circuit, while at least ten other legal challenges are still waiting to be heard. Still another nationwide order to pause mandatory filing – issued by the District Court for the Eastern District of Texas in the case of Smith v Treasury – remains in place. While we appreciate FinCEN’s decision to respect that order and pause the collection of BOI, the relief provided through that regulatory action is contingent upon the order remaining in place. Given the volatile legal landscape and the vast number of businesses targeted by the CTA’s unprecedented reporting mandates, we urged the Administration to issue new guidance to delay filing until at least the end of the year and ensure the courts have time to make a final determination regarding the CTA’s constitutionality.
Fuel oil rally seen short-lived as market shakes off US-Iran policy jitters | Reuters
Trump Is Looking for Ways to Cancel $400 Billion in Clean Energy Loans
Missouri Doubles EMA SBC PAC Goal 18 Years in A Row!
For 18 years in a row, the Missouri Petroleum & Convenience Association (MPCA) has more than doubled its annual EMA SBC PAC goal. For example:
2020: MPCA raised $11,850, or 248% of their annual goal.
2021: MPCA raised $12,650, or 267% of their annual goal.
2022: MPCA raised $11,800, or 246% of their annual goal.
2023: MPCA raised $12,150, or 239% of their annual goal.
2024: MPCA raised $11,025, or 263% of their annual goal.
2025: MPCA has thus far raised $9,300, or 208% of their annual goal of $4,455.
In fact, between 2008 and 2025 MPCA has raised and donated more than $190,000 for the EMA SBC PAC!
The successful formula used by Wayne Baker, EMA SBC PAC delegate, MPCA Past President, and current MPCA Board member remains the same.
“EMA is one of our key partners in Washington, D.C. And like any organization, EMA needs sufficient resources to do the job and protect our legislative and regulatory interests at the federal level. Motor fuel marketers are extremely competitive people. Here in Missouri, we leverage this competitive nature by publicizing who is donating how much and then we collect the donations at our December Board Meeting and Holiday Party while we fellowship, drink good scotch, and smoke fine cigars,” said Wayne Baker.
January 2025 Energy Marketers of America Small Business Committee (SBC) PAC Contributions
PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the Energy Marketers of America Small Business Committee (SBC) PAC contributions from the following individuals during January 1-31, 2025 time frame:
Alabama: Keith Chambers, James Cochran, Chris Damico, Cindy Edwards, Brandon Evans, Bart Fletcher, Brock Hill, Jane Hood, Marty Howell, Neal Morrison, Tim Shirley, James Sibley, Todd Sitton, Maria Smith, Shelley Suco, David Thomas, and Cory Wiggins
California: Mike Downs
Georgia: Rob Underwood
Idaho: Brett Adams, Jake Searle, Mason Foote, Clint Burke, Derek Brewer, Ben Robert, Matt Berry, and Brad Holland
Iowa: Glenn Hasken
Mississippi: Jim Lipscomb
Missouri: Steve Ayers, Ronald Bachman, Robert Baker, Wayne Baker, John Blanton, Mary Braddock, Scott Frazier, Bradford Goette, Bryan Goforth, James Greer, Michele Hoerstkamp, Tracey Hughes, Jami Jordan, Ron Leone, Donald McNutt, James Maurer, Chris Patterson, Janice Patterson, Chad Wallis, Lynn Wallis, Jeff Wood, and Laura Younghouse
New York: Jason Mirabito, Brandon Smith
Oklahoma: John Lohman
Pennsylvania: Bruce Spiridonoff
South Carolina: Tom Boan, Roland Drake, Michael Fields, Matthew Greene, David Jordan, Ron Leone, Jason Madden, Brendan Nugent, and Barrett Albenesius Simmons
Texas: Bobby Warren
Utah: Chane Kellerstrass, Brad Randall
Virginia: Lewis Wall Jr.
Washington: Brad Bell, Steve Clark, and Gerry Ramm
Federated Insurance Employment Practices Network HR Question of the Month
Federated Insurance’s HR Question of the Month focuses on employment-related practices liability issues. This month’s question is: Holiday Pay for Nonexempt Employees. Can we require that nonexempt employees work on holidays? Some of our employees said that they should not be required to work on holidays and that, if they do, we owe them extra pay. Is any of this true? These are nonexempt employees in California.
On the federal level, the Fair Labor Standards Act does not require payment for time not worked, such as holidays (federal or otherwise). Similarly, according to the California Labor Commissioner, California law does not require that an employer provides its employees with paid holidays, close its business on any holiday, or give employees the day off for any particular holiday. Additionally, there is nothing in California law that mandates an employer to pay an employee a special premium for work performed on a holiday other than the overtime premium required (if overtime is worked).
Of course, employers should check their applicable state/local laws, as requirements may vary depending on location. When federal and state standards are different, the rules that provide the most protection to employees will apply.
That said, even if not required, providing employees with holidays off (or paying employees a special premium if they work on holidays) may help increase employee morale and make employees feel valued by the organization. Providing this time off may also help decrease the negative effects that can be caused by working too much, such as employee burnout, dissatisfaction, and turnover. Employers should take such considerations into account when deciding whether to require employees to work on holidays (and how much to pay them if they do).
For additional information or to discuss this in further detail, please feel free to contact your Federated regional representative or EMA’s National Account Executive Patrick Cunningham at 507.455.8935. Federated is a Partner in EMA’s Board of Directors Council.
At Federated Insurance, It’s Our Business to Protect Yours®
The HR Question of the Month is provided by Zywave®, a company wholly independent from Federated Insurance. Federated provides its clients with access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulations in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances.