86 E-15 Now

AFPM Asks Supreme Court to Reconsider E15 Decision

WASHINGTON -- The American Fuel & Petrochemical Manufacturers (AFPM) petitioned the U.S. Supreme Court to overturn the D.C. Circuit Court of Appeals' decision in August 2012 that dismissed challenges to the Environmental Protection Agency's (EPA) partial approval of E15. The EPA decision at issue authorized a 50 percent increase in the amount of ethanol in gasoline for newer-model year motor vehicles, while maintaining a prohibition on the mid-level ethanol blend use in older vehicles, marine engines, motorcycles and gasoline-powered equipment.

This petition challenges the D.C. Circuit's holding that the petroleum industry, which is forced to produce new gasoline blendstocks, invest in the infrastructure necessary to carry the two types of fuels, and face potential liabilities from E15 engine damage, lack standing to challenge EPA's decision-a decision that Judge Kavanaugh of the D.C. Circuit found "ran roughshod over the relevant statutory limits." AFPM argues that the DC Circuit's decision incorrectly limits the ability of injured parties to seek judicial review of federal agency actions.

"The time has come to correct the irresponsible decision of EPA. Studies have shown that E15 use causes damage to engines that could result in safety, liability and warranty issues," said AFPM President Charles T. Drevna.

AFPM continues to assert that EPA overstepped its authority under the Clean Air Act when it granted partial waivers to allow the use of E15 in certain engines, including vehicles model year 2001 and newer. Objective tests have shown that E15 causes engine damage in certain vehicles and therefore should not be an approved fuel under the Clean Air Act that can be sold in the general gasoline supply.