<Page> Exhibit 3.1 CERTIFICATE OF FORMATION OF ADVANCED BIOENERGY, LLC This Certificate of Formation of Advanced BioEnergy, LLC (the "Company"), dated as of December 29, 2004, is being duly executed and filed by Revis Stephenson, an Authorized Person, to form a limited liability company under the Delaware Limited Liability Company Act, Del. Code, tit. 6, Section 18-101 ET SEQ., as amended from time to time (the "Act"). 1. NAME. The name the limited liability company formed hereby is "Advanced BioEnergy, LLC." 2. REGISTERED OFFICE. The address of the initial registered office of the Company in the State of Delaware is The Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. 3. REGISTERED AGENT. The name and address of the registered agent for service of process on the Company in the State of Delaware is The Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of the date first above written. AUTHORIZED PERSON /s/Revis L. Stephenson ---------------------------------- Revis Stephenson State of Delaware Secretary of State Division of Corporations Delivered 08:00 AM: 01/04/2005 Filed 08:00 AM 01/04/2005 SRV 050003702 - 3907248 FILE