I believe they can. It has happened before. Center Ethanol was a defendant that settled. Not to mention non defendants that settled. We've also seen licenses as a result of transfer of ownership. Further more, some defendants are not under the ICM umbrella.
Also, one of the manufacturer's of centrifuges, who is actually a defendant, requires ethanol producers to license with GERS before they sell them the centrifuge to extract oil.
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