E15 gas will stay: Court won’t rehear EPA ethanol case

Order Reprints

The American Fuel & Petrochemical Manufacturers (AFPM) has responded to the U.S. Court of Appeals for the District of Columbia’s decision to deny petitions to rehear a case on the Environmental Protection Agency’s (EPA) decision to allow gasoline containing 15% ethanol – called “E15” – to be sold into the general fuel supply for use in some motor vehicles and engines.

“We are disappointed that the DC Circuit will not rehear the case and will let stand a procedural block that prevents the court from reaching the merits of this important issue,” says AFPM General Counsel Rich Moskowitz. “We remain concerned that EPA’s partial waiver will result in significant misfueling and will harm consumers.

“EPA has authorized the sale of an ethanol blend that virtually every automobile manufacturer has warned will damage existing vehicles.”

On Oct. 1, 2012, AFPM filed a Petition for a Rehearing of the Grocery Manufacturers of America, et al. v. EPA, reasoning that EPA overstepped its authority under the Clean Air Act by granting partial waivers to allow the use of E15 in certain engines, including vehicles model year 2001 and newer.

The AFPM joins the American Automobile Association (AAA) in opposition of E15. The Renewable Fuels Association promotes the use of E15. Both groups spoke out in November, 2012, on the issue. (See AAA, Renewable Fuels Association chime in on ethanol.)

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